Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Williams v. Texas Department of Criminal Justice

United States District Court, N.D. Texas, Fort Worth Division

September 3, 2019

JOHN WILLIAM WILLIAMS, Petitioner,
v.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Respondent.

          OPINION AND ORDER

          Reed O'Connor, United States District Judge.

         Before the Court is a petition for a writ of habeas corpus filed by Petitioner, John William Williams, a prisoner in custody in Cumberland County, Pennsylvania, against the Texas Department of Criminal Justice (TDCJ), Respondent. After considering the petition and relief sought by Petitioner, the Court has concluded that the petition should be dismissed as time-barred.

         I. BACKGROUND

         On February 8, 1996, in Tarrant County, Texas, Case No. 0536390A, Petitioner pleaded guilty pursuant to a plea agreement to one count of kidnapping and was sentenced to 30 years' confinement. Pet. 1, ECF No. 1; Resp't's Preliminary Answer 3 & Ex. A, ECF Nos. 16 & 16-1. Petitioner did not directly appeal his conviction or seek state habeas-corpus relief. Pet. 13, ECF No. 1. The parole division of TDCJ informs the Court that Petitioner was released on parole from his 30-year sentence in February 2017.

         In this petition, deemed filed on November 18, 2018, Petitioner raises four grounds for relief claiming “denial of assistance of counsel, due process of law, and equal protection” in various respects. Id. at 6-9(b). Respondent asserts that the petition is time-barred under the federal statute of limitations or, in the alternative, that Petitioner's claims are wholly unexhausted. Resp't's Preliminary Answer 1, ECF No. 16.

         II. DISCUSSION

         The Antiterrorism and Effective Death Penalty Act of 1996 (the AEDPA), effective April 24, 1996, imposes a one-year statute of limitations on federal petitions for writ of habeas corpus filed by persons in state custody. Section 2244(d) provides:

(1) A 1-year period of limitations 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 limitations period shall run from the latest of-
(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review;
(B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such State action;
(C) the date on which the constitutional right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or
(D) the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.
(2) The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.