United States District Court, N.D. Mississippi, Oxford Division
MEMORANDUM OPINION AND ORDER
B. BIGGERS, JR. UNITED STATES DISTRICT JUDGE.
matter comes before the Court on the pro se petition
of inmate Dillon Williams for a writ of habeas corpus under
28 U.S.C. § 2254. Respondents have moved to dismiss the
petition as time-barred pursuant to 28 U.S.C. § 2244,
and Williams has filed a response in opposition to the
motion. For the reasons set forth below, Respondents'
motion will be granted, and the instant petition will be
dismissed with prejudice.
and Procedural History
about January 26, 2010, DillonWilliams burglarized the home of
Pat Crum, assaulting the ninety-one-year-old woman during the
home invasion. See, e.g., Doc. #16-1 at 27. During
the assault, Ms. Crum sustained injuries that included a
fractured shoulder and permanent nerve damage to her face.
Williams v. State, 126 So.3d 992, 994 (Miss. Ct.
App. 2013). Williams was indicted for two counts of burglary
and one count of aggravated assault, with notice of enhanced
punishment due to the victim's age. See, e.g.,
Doc. #16-1 at 1; Doc. #16-5 at 3. Williams subsequently
pleaded guilty to burglary (home invasion) and aggravated
assault in the Marshall County Circuit Court in Cause No.
CR2010-194. By Order dated December 16, 2010, the
Marshall County Circuit Court sentenced Williams to
consecutive terms of twenty-five years' imprisonment for
the burglary conviction and to an enhanced punishment of
forty years' imprisonment for the aggravated assault
conviction. Doc. #16-1 at 30-31; see also Williams v.
State, 218 So.3d 1190, 1191 (Miss. Ct. App. 2016);
Williams v. State, 126 So.3d 992, 994-95 (Miss. Ct.
December 17, 2010, Williams, through counsel, filed a
“Motion to Reconsider” in the circuit court
asking the court to decrease the sentence imposed or,
alternatively, to run the sentences concurrently. Doc. #16-2.
The circuit court denied the motion on August 27, 2010.
Id. at 3. On December 2, 2011, Williams, acting
pro se, submitted a post-conviction motion to the
Marshall County Circuit Court (Cause No. CV2011-503). Doc.
#16-3. This motion was denied on its merits on August 27,
2012. Id. at 7. Williams did not appeal this
decision to the Mississippi Supreme Court.
did, however, submit a second post-conviction motion in the
Marshall County Circuit Court that was signed on December 10,
2012 (Cause No. CV2012-448). Doc. #16-4. The circuit court
denied the motion by order entered on January 11, 2013,
finding the motion was barred as a successive writ under
Miss. Code Ann. § 99-39-23(6). Id. at 21.
Williams appealed, and on December 3, 2013, the Mississippi
Court of Appeals affirmed the circuit court's decision.
Id.; see also Williams v. State, 126 So.3d
992 (Miss. Ct. App. 2013) (Cause No. 2013-CP-00199-COA).
Williams did not file a motion for rehearing with the
Mississippi Court of Appeals nor a certiorari petition with
the Mississippi Supreme Court. The mandate of the Mississippi
Court of Appeals issued on December 26, 2013. Id. at
November 21, 2013, Williams, with the assistance of counsel,
submitted yet another post-conviction motion in the Marshall
County Circuit Court (Cause No. CV2013-423) alleging that he
was illegally sentenced because he was deprived of his
statutory right to be sentenced by a jury for the sentencing
enhancement. Doc. #16-5. The court denied the motion by order
entered on July 14, 2014, finding the claim waived under
Miss. Code Ann. § 99-39-21(1) and the motion barred as a
successive writ pursuant to Miss. Code Ann. §
99-39-23(6). Id. at 8-9. Williams appealed. Doc.
#16-5. On March 22, 2016, the Mississippi Court of Appeals
affirmed the circuit court's decision. Id.;
see also Williams v. State, 218 So.3d 1190 (Miss.
Ct. App. 2016), reh'g denied, August 9, 2016
(Cause No. 2014-CA-01170-COA).
Mississippi Supreme Court granted Williams' subsequent
petition for writ of certiorari. However, on May 11, 2017,
that court affirmed the lower courts' decisions denying
Williams' application for post-conviction relief. Doc.
#16-5; see also Williams v. State, 222 So.3d 265
(Miss. 2017) (Cause No. 2014-CT-01170-SCT). The mandate
issued June 1, 2017. Doc. #16-5 at 28.
Williams sought federal habeas relief. Williams signed the
instant petition on May 30, 2017, and it was stamped
“filed” in this Court on June 26, 2017. Doc. #1.
instant petition for writ of habeas corpus is subject to the
statute of limitations of the Anti-Terrorism and Effective
Death Penalty Act of 1996 (“AEDPA"). Egerton
v. Cockrell, 334 F.3d 433, 436 (5th Cir. 2003). The
issue of whether Respondents' motion should be granted
turns on the statute's limitation period, which provides:
(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 limitation 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 ...