United States District Court, N.D. Mississippi, Greenville Division
FRED LENARD, JR. PETITIONER
PHIL BRYANT, et al. RESPONDENTS
M. BROWN, UNITED STATES DISTRICT JUDGE
Lenard, Jr.'s petition for a writ of habeas corpus is
before the Court on the respondents' motion to dismiss.
November 2009, Fred Lenard, Jr. was convicted of capital
murder, kidnapping, and felony child abuse in the Circuit
Court of Coahoma County, Mississippi. Doc. #9-1. Lenard was
sentenced to serve a term of life imprisonment without the
possibility of parole for capital murder, and thirty years
each for the kidnapping and felony child abuse convictions,
with each sentence to run consecutively. Id. at 2-3.
The Mississippi Court of Appeals affirmed the sentence and
convictions on September 13, 2011. Lenard v. State,
77 So.3d 530, 532 (Miss. Ct. App. 2011). Lenard filed a
motion for rehearing, which was denied on January 10, 2012.
Doc. #9-2. Lenard did not seek certiorari review of that
filed a motion for post-conviction relief on or about July
23, 2014. Doc. #10-16 at PageID #2337-41. The petition was
denied by the Mississippi Supreme Court on September 3, 2014.
See Doc. #9-3. Between 2014 and 2017, Lenard filed
numerous unsuccessful post-conviction motions. See
Docs. #9-4, #9-5, #9-6. On July 19, 2018, the Mississippi
Supreme Court denied Lenard's most recent post-conviction
motion as “time-barred and subject to the
subsequent-writ bar.” Doc. #9-6.
pro se, Lenard filed this petition for a writ of habeas
corpus on or about October 31, 2018. Doc. #2. The respondents
moved to dismiss Lenard's petition on January 9, 2019.
Doc. #9. Lenard responded to the motion on or about February
8, 2019. Doc. #11. The respondents filed an untimely reply on
March 21, 2019. Doc. #12.
case is governed by the Antiterrorism and Effective Death
Penalty Act of 1996 (“AEDPA”). 28 U.S.C. §
2244(d) provides in pertinent part:
(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
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 the right has
been newly recognized by the Supreme Court and made