King v. State

          MEMORANDUM OPINION

          MICHAEL P. MILLS UNITED STATES DISTRICT JUDGE.

         This matter comes before the court on the pro se petition of Jason King for a writ of habeas corpus under 28 U.S.C. § 2254. The State has moved to dismiss the petition as untimely filed under 28 U.S.C. § 2244(d)(2). Mr. King has not responded to the motion, and the deadline to do so has expired. The matter is ripe for resolution. For the reasons set forth below, the State's motion to dismiss will be granted and the instant petition for a writ of habeas corpus dismissed as untimely filed.

         Facts and Procedural Posture

         Jason King pled guilty to the crimes of capital rape (Count I); fondling (Count II); sexual battery (Count III); and sexual battery (Count IV) in Bolivar County Circuit Court Cause No. 7691. See Exhibit A. He also pled guilty to the crimes of sexual battery (Count I); fondling (Count II); sexual battery (Count III); fondling (Count IV); and sexual battery (Count V) in Bolivar County Circuit Court Cause No. 7692. See Exhibit B.

         On May 25, 1993, the circuit court sentenced King in Cause No. 7691 to life imprisonment for capital rape (Count I); ten years for fondling (Count II); thirty years for sexual battery (Count III); and thirty years for sexual battery (Count IV) with Counts II through IV to run concurrently with the life sentence imposed in Count I.^[1] See Exhibit A. That same day, the circuit court sentenced King in Cause No. 7692 to thirty years for sexual battery (Count I); ten years for fondling (Count II); thirty years for sexual battery (Count III); ten years for fondling (Count IV); and thirty years for sexual battery (Count V) - all to run concurrently with the life sentence imposed in Count I in Cause No. 7691. See Exhibit B. By statute, there is no direct appeal from a guilty plea. See Miss. Code Ann. § 99-35-101. Accordingly, Mr. King's judgments of conviction became final on Thursday, June 24, 1993, thirty days after he was sentenced on his guilty pleas.^[2]

         However, Mr. King's convictions predate the April 24, 1996, enactment of the AEDPA's one-year limitations period; as such, that period did not immediately begin to run against him. Instead, federal habeas corpus petitioners whose convictions became final before April 24, 1996, are entitled to a one- year grace period until - April 24, 1997, to seek federal habeas corpus relief. See Grillete v. Warden, Winn Correctional Center, 372 F.3d 765, 768 (5^th Cir. 2004). Thus, all judgments of conviction entered before April 24, 1996, are deemed final as of April 24, 1996, for purposes of the AEDPA's period of limitations. Therefore, Mr. King's federal petition became due on or before April 24, 1997.

         On April 5, 1995, ^[3] Petitioner submitted a motion for post-conviction relief (PCR) entitled “Motion to Vacate Conviction and Sentence” in Bolivar County Circuit Court Cause Nos. 7691 and 7692. See State Court Record (SCR), Mississippi Supreme Court Cause No. 97-M-1072. On November 18, 1997, the circuit court entered an order denying King post-conviction relief. Id. The electronic docket of the Mississippi Supreme Court, as shown on that court's website, reflects that Mr. King did not appeal the circuit court's decision.

         Thus, the federal habeas corpus limitations period was tolled from April 24, 1996, the AEDPA's effective date, through November 18, 1997, the date the circuit court ruled on Mr. King's PCR motion. Petitions for a writ of mandamus do not qualify to toll the limitations period under 28 U.S.C. § 2244(d). See Moore v. Cain, 298 F.3d 361, 366-67 (5^th Cir. 2002.) Therefore, Mr. King's federal habeas corpus petition became due on or before Wednesday, November 18, 1998, (November 18, 1997, plus one year).

         King next submitted identical pleadings entitled “Motion for a Post Conviction or in the alternative; Petition for a Conditional Release, ” in Bolivar County Circuit Court Cause Nos. 7691 and 7692, which were signed on May 5, 2011, and stamp-filed on May 9, 2011.^[4] See Exhibit D. On July 27, 2011, the circuit court entered an order (which ruled upon both the motions in their respective cases) dismissing the motions as both procedurally barred and without merit. Id. The circuit court also denied King's request for conditional release. Id. The dockets of both the Bolivar County Circuit Court (see Exhibits A and B) and the Mississippi Supreme Court, as shown on that court's website, reflect that Mr. King did not appeal that decision. As these pleadings were submitted well after the date that the federal habeas corpus limitation period expired, Mr. King is not entitled to additional statutory tolling under 28 U.S.C. § 2244(d) while those state post-conviction actions were pending. Thus, the deadline for Mr. King to file the instant petition for a writ of habeas corpus remained Wednesday, November 18, 1998.

         One-Year Limitations Period

         Decision in this case is governed by 28 U.S.C. § 2244(d), 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 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 the laws of the United States is removed, if the applicant ...