United States District Court, N.D. Texas, Fort Worth Division
OPINION AND ORDER
T. PITTMAN, UNITED STATES DISTRICT JUDGE.
the Court is a petition for a writ of habeas corpus pursuant
to 28 U.S.C. § 2254 filed by Petitioner, Gary Kendahl
Peoples, a state prisoner confined in the Correctional
Institutions Division of the Texas Department of Criminal
Justice (TDCJ), against Lorie Davis, director of TDCJ,
Respondent. After considering the pleadings and relief sought
by Petitioner, the Court has concluded that the petition
should be dismissed as time-barred.
September 16, 1991, in Criminal District Court Number One,
Tarrant County, Texas, Nos. 0417433D, 0417589D, and 0420676D,
a jury found Petitioner guilty on one count of robbery
causing bodily injury and two counts of aggravated robbery
causing serious bodily injury and “true” to the
sentence-enhancement count in each indictment. 01Tr. 152, ECF
No. 15-14; 02Tr. 149, ECF No. 15-16; 03Tr. 155, ECF No.
15-15. The jury sentenced him to a term of 99
years’ and two terms of life imprisonment and assessed
a $10,000 fine in each case. The Second District Court of
Appeals of Texas affirmed the trial court’s judgments
of conviction, and, on September 15, 1993, the Texas Court of
Criminal Appeals refused Petitioner’s petitions for
discretionary review. Docket Sheet, ECF No. 15-2. Petitioner
does not indicate that he sought writ of certiorari. Pet. 3,
ECF No. 1. Therefore, his convictions became final ninety
days later on December 14, 1993. See Sup. Ct. R.
13.1. Thereafter, Petitioner sought state postconviction
relief by filing four state habeas-corpus applications
challenging his convictions, the first filed in July 1997 and
the remaining three filed in March 2018. This federal
petition for federal habeas relief was filed on September 26,
2018. Pet. 1, ECF No. 1. Petitioner raises four
grounds, in which he asserts that his counsel, the trial
court judge, and/or the prosecution willfully deprived him of
his constitutional right to a fair trial and appeal. Pet.
6-7, ECF No. 1. Respondent contends that the petition is
untimely under the federal statute of limitations.
Resp’t’s Preliminary Answer 6-14, ECF No. 14.
Statute of Limitations
Antiterrorism and Effective Death Penalty Act of 1996 (the
AEDPA), effective April 24, 1996, imposes a one-year statute
of limitations for filing a petition for federal habeas
corpus relief. 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 period of limitations under this
28 U.S.C. § 2244(d)(1)-(2).
purposes of subsection (A), applicable to this case,
petitioners attacking convictions which became final before
the AEDPA’s effective date have one year from the
effective date of the Act, or until April 24, 1997, to file a
federal habeas-corpus action. Flanagan v. Johnson,
154 F.3d 196, 200 (5th Cir. 1998); United States v.
Flores, 135 F.3d 1000, 1006 (5th Cir. 1998). Therefore,