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.

Martin v. Bear

United States District Court, E.D. Oklahoma

March 29, 2019

DENNIS MARTIN, Petitioner,
v.
CARL BEAR, Warden, Respondent.

          OPINION AND ORDER

          James H. Payne United States District Judge Eastern District of Oklahoma

         This action is before the Court on Respondent's motion to dismiss Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 as barred by the statute of limitations (Dkt. 7). Petitioner is a pro se prisoner in the custody of the Oklahoma Department of Corrections who is incarcerated at Joseph Harp Correctional Center in Lexington, Oklahoma. He is attacking his conviction in Sequoyah County District Court No. CRF-84-169 for First Degree Murder. The petition raises one ground for relief, although it appears to include two separate claims:

U.S. Dist. Court, Western Dist. Of Okla., in Martin v. Bear, CIV-18-095-D found claims true, ordered they be brought in 2254. There is no record of any arrest, charges, information, indictment, trial, conviction or sentencing, and no judgment and sentencing order. Petitioner is Indian--Sequoyah County is Indian Country, Indian Territory, Indian Land, inside an Indian Reservation by Act of Congress of 6/7/1887 (30 Stat. L. 83).[1]

(Dkt. 1 at 5) (emphasis in original).

Statute of Limitations Respondent alleges the petition was filed beyond the one-year statute of limitations imposed by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), codified at 28 U.S.C. § 2244(d), and the petition includes unexhausted claims. The following dates are pertinent to the motion to dismiss:
November 16, 1984: Petitioner was charged with Count 1, Murder in the First Degree of a seven-year-old child, and Count 2, Sodomy with the same child in Sequoyah County District Court No. CRF-1984-169 (Dkt. 8-1, Information in Sequoyah County No. CRF-1984-169).
April 25, 1985: Petitioner entered a guilty plea to Count 1, Murder in the First Degree, and was sentenced to a term of life imprisonment (Dkt. 8-2, Judgment and Sentence on Plea of Guilty, Felony in Sequoyah County No. CRF-1984-169).[2]
April 24, 1996: Petitioner's one-year period to file a petition for writ of habeas corpus began to run on the day the AEDPA took effect, because Petitioner's conviction was final before enactment of the AEDPA.
April 24, 1997: Petitioner's one-year limitation period to file a petition for writ of habeas corpus expired under the AEDPA.
October 9, 2014: Petitioner filed a petition for writ of habeas corpus pursuant to Okla. Stat. tit. 12, § 1334, in the Cleveland County District Court, which was denied on June 9, 2015 (Dkt. 8-3, Docket Sheet, Cleveland County Case No. WH-2014-8).[3]
July 2015: Petitioner filed an application for post-conviction relief in the Sequoyah County District Court (Dkt. 8-4 at 2, Docket Sheet, Sequoyah County No. CRF-1984-169).
April 28, 2016: The Oklahoma Court of Criminal Appeals (OCCA) affirmed the denial of Petitioner's post-conviction application in No. PC-2015-1114 (Dkt. 8-5, Order Affirming Denial of Post-Conviction Relief).
Section 2244(d) provides that:
(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 laws of the United States is removed, if the applicant was ...

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.