United States District Court, S.D. Texas, Houston Division
MEMORANDUM OPINION AND ORDER
LAKE, UNITED STATES DISTRICT JUDGE.
Hunt (TDCJ #01981650) has filed a Petition for a Writ of
Habeas Corpus By a Person in State Custody
("Petition") (Docket Entry No. 1) to challenge a
conviction for aggravated robbery with a deadly weapon. Now
pending is Respondent [Lorie] Davis's Motion for Summary
Judgment With Brief in Support ("Respondent's MS
J") (Docket Entry No. 16), arguing that the Petition is
barred by the governing one-year statute of limitations. Hunt
has not filed a response and her time to do so has expired.
After considering the pleadings, the state court records, and
the applicable law, the court will grant Respondent's MSJ
and will dismiss this action for the reasons explained below.
Background and Procedural History
January 20, 2015, Hunt entered a guilty plea in the 263rd
District Court of Harris County, Texas, to charges of
aggravated robbery with a deadly weapon, namely a firearm, in
Cause No. 1401138. In exchange for that plea the State agreed
to recommend a 15-year prison sentence. On February 23,
2015, the trial court found Hunt guilty as charged and
sentenced her to 15 years' imprisonment under the terms
of the parties' negotiated plea agreement. Hunt, who waived
the right to appeal when she entered her guilty plea, did not
pursue a direct appeal.
April 27, 2018, Hunt executed an Application for a Writ of
Habeas Corpus Seeking Relief from [a] Final Felony Conviction
Under [Texas] Code of Criminal Procedure Article 11.07
("State Habeas Application") to challenge her
conviction. In several overlapping grounds for relief,
Hunt raised the following arguments:
1. She was denied the right to counsel during interrogation
by police and was not advised of her Miranda rights.
2. There was no DNA, fingerprints, or other evidence to
support her identification as the perpetrator.
3. The entire court proceeding was unjust and unfair because
she was denied effective assistance of counsel, who failed to
conduct an adequate investigation.
4. The conviction violates the Eighth Amendment prohibition
against cruel and unusual punishment because she was
abandoned by counsel, who failed to appear at numerous court
dates or present mitigation evidence of her cooperation with
5. She was denied effective assistance of counsel when her
attorney "coerced" her to sign the plea agreement
by advising her that she could receive more time. He also
failed to advise her of the right to appeal.
counsel filed a detailed affidavit refuting the allegations
of ineffective-assistance, noting that the State had evidence
in the form of surveillance footage showing that Hunt
participated in as many as four aggravated robberies and that
her guilty plea was voluntarily made. The state habeas corpus
court, which also presided over Hunt's guilty plea and
sentencing, found that none of her claims had merit and
recommended that relief be denied. The Texas Court of Criminal
Appeals agreed and denied Hunt's State Habeas Application
without a written order on September 26, 2018.
November 1, 2018, Hunt submitted the pending Petition for
federal habeas corpus relief under 28 U.S.C. § 2254 from
her state court aggravated robbery conviction. She asserts
many of the same grounds for relief that were rejected on
state habeas corpus review. The respondent argues that the
Petition must be dismissed as barred by the governing
one-year statute of limitations on federal habeas corpus
The One-Year Statute of Limitations
to the Antiterrorism and Effective Death Penalty Act of 1996
(the "AEDPA"), Pub. L. No. 104-132, 110 Stat. 1214
(1996), all federal habeas corpus petitions filed after April
24, 1996, are subject to a one-year limitations period found
in 28 U.S.C. § 2244(d), which provides as follows:
(d) (1) A 1-year period of limitation shall apply to an
application for a writ of habeas corpus by a person in
custody pursuant to the judgment of a State court. The