Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Joseph v. Vannoy

United States District Court, M.D. Louisiana

July 23, 2019

ELLIOT JOSEPH
v.
DANIEL VANNOY

          RULING AND ORDER

          Brian A. Jackson, Judge

         Elliot Joseph, proceeding pro set petitions for a writ of habeas corpus under 28 U.S.C. § 2254. (Doc. 1). The State of Louisiana counters that the petition is untimely under the one-year limitation period prescribed by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub. L. No. 104-132, 110 Stat. 1214. The Court agrees and dismisses the petition.

         I. BACKGROUND

         Joseph was convicted of the first-degree murder of his three-year-old son. (Doc. 1 at p. 1). He received a sentence of life without parole. (Id.).

         A. Direct Appeal

         Joseph timely appealed his conviction and sentence to the Louisiana First Circuit Court of Appeal. (Id. at p. 2). That court affirmed. See State v. Joseph, No. 2005-KA-2169 (La. Ct. App. 1st Cir. 12/28/06) (unpublished). Joseph timely applied for a writ from the Supreme Court of Louisiana. See State v. Joseph, 2007-0273 (La. 10/5/07); 964 So.2d 384 (memorandum opinion). After that court denied his writ application, he applied for reconsideration. See State v. Joseph, 2007-0273 (La. 1/25/08); 973 So.2d 745 (memorandum opinion). The Supreme Court of Louisiana denied reconsideration in a January 25, 2008 order. Id. Joseph did not petition the United States Supreme Court for a writ of certiorari. (Doc. 1 at p. 2). So his judgment of conviction became "final" on April 24, 2008-90 days after January 25, 2008. See Ott v. Johnson, 192 F.3d 510, 513 (5th Cir. 1999) (holding that 28 U.S.C. § 2244(d)(1)(A) "takes into account the time for filing a certiorari petition in determining the finality of a conviction on direct review").

         B. Post-Conviction Review

         Joseph applied to the state trial court for post-conviction relief[1] on December 2, 2008. (Doc. 1-2 at p. 4). That court denied the application on April 1, 2014. (Doc. 1-3 at p. 25). Joseph next applied for a writ from the Louisiana First Circuit Court of Appeal. (Id. at p. 50). That court denied the application on August 12, 2014 because it did not comply with filing requirements. (Id.). Joseph applied for a writ from the Supreme Court of Louisiana, which denied the application as untimely on December 7, 2015. See Joseph v. State, 2015JKH-0845 (La. 12/7/15).

         Finally, Joseph filed his § 2254 petition on May 5, 2016. (Doc. 1).

         II. DISCUSSION

         AEDPA requires a § 2254 petitioner to apply for a writ of habeas corpus within one year of the date "on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review[.]" 28 U.S.C. § 2244(d)(1)(A).[2] To calculate when the one-year limitation period has run, the Court "aggregate[s] the time between (i) the date the petitioner's conviction became 'final' and the date the petitioner filed his state habeas application; and (ii) the date the state habeas process concluded and the date the petitioner filed his federal habeas petition." Sutton v. Cain, 722 F.3d 312, 316 n.6 (5th Cir. 2013) (per curiam).

         A. Timeliness

         Joseph's judgment of conviction became final on April 24, 2008. See Ott, 192 F.3d at 513. He filed his state post-conviction application 222 days later, on December 2, 2008. (Doc. 1-2 at p.4). The one-year limitation period was tolled during the pendency of "properly filed" state post-conviction proceedings.[3] See 28 U.S.C. § 2244(d)(2). Those proceedings concluded on December 7, 2015, and the one-year limitation period began to run again.[4] Id. Joseph filed his § 2254 petition 150 days later, on May 5, 2016. (Doc. 1). That was too late: by that time, 372 un-tolled days had elapsed. Because Joseph failed to file his petition within 365 un-tolled days of April 24, 2008, his petition is untimely. See 28 U.S.C. § 2244(d)(1)(A).

         B. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.