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Lenard v. Bryant

United States District Court, N.D. Mississippi, Greenville Division

August 12, 2019

FRED LENARD, JR. PETITIONER
v.
PHIL BRYANT, et al. RESPONDENTS

          ORDER

          DEBRA M. BROWN, UNITED STATES DISTRICT JUDGE

         Fred Lenard, Jr.'s petition for a writ of habeas corpus is before the Court on the respondents' motion to dismiss. Doc. #9.

         I

         Procedural History

         In 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 decision. Id.

         Lenard filed a motion for post-conviction relief on or about July 23, 2014. Doc. #10-16 at PageID #2337-41.[1] 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.

         Acting 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.

         II

         Analysis

         This 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 ...

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