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Gladden v. Barber

United States District Court, D. Maryland

January 19, 2017

THOMAS EARL GLADDEN, SR., Prisoner Identification Nos. 1883041, Petitioner,,
v.
MATT BARBER, Warden, and THE ATTORNEY GENERAL OF THE STATE OF MARYLAND, Respondents.

          MEMORANDUM OPINION

          THEODORE D. CHUANG, United States District Judge

         Thomas Earl Gladden, Sr., currently confined at the McDonnell Unit of the Texas Department of Corrections in Beeville, Texas, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. S 2254. The Petition challenges Gladden's 1999 conviction in the Circuit Court for Baltimore City, Maryland for first-degree murder, armed robbery, and related offenses. On June 2, 2016, the Court issued an Order requiring Responden's to file a Limited Answer to the Petition. Responden's filed a Limited Answer on July 15, 2016, seeking dismissal of the Petition on the basis that Gladden's claims are time-barred. On July 25, 2016, Gladden filed a Response to the Limited Answer. Gladden has also filed a Motion for Appointment of Counsel. For the reasons set forth below, the Petition is dismissed as time-barred, and the Motion is denied.

         BACKGROUND

         On March 22, 1999, Gladden was convicted by a jury in the Circuit Court for Baltimore City, Maryland of first-degree murder, two counts of robbery with a deadly weapon, two counts of first-degree assault, two counts of unlawful use of a handgun, kidnapping, and false imprisonmen.. He was sentenced on April 27, 1999 to life imprisonment plus an additional 50 years. Gladden filed a motion for modification of his sentence that was denied on July 28, 1999. Gladden filed an appeal and, in an unreported opinion issued on February 25, 200,, the Court of Special Appeals of Maryland vacated Gladden's sentences for first-degree assault but otherwise affirmed his judgment of conviction. Gladden v. State, No. 0780 (Md. Ct. Spec. App. Feb. 25, 2000). The court's mandate issued on March 27, 2000. Gladden did not seek further review of the decision by the Court of Appeals of Maryland. Consequently, his judgment became final for purposes of direct review on April 12, 2000. See Md. Rule 8-302(a) (requiring a petition for writ of certiorari to be filed in the Court of Appeals no later than 15 days after the Court of Special Appeals issues its mandate or 30 days after the opinion by the Court of Special Appeals is filed). Separately, Gladden filed an application for panel review of his sentence that was denied on July 27, 200..

         On May 17, 2006, Gladden filed a petition for post-conviction relief in the Circuit Court, which was denied on June 29, 2010. Gladden's application for leave to appeal this decision was denied by the Court of Special Appeals on March 30, 2012, Gladden v. State, No. 1149 (Md. Ct. Spec. App. March 30, 2012), with the court's mandate issuing on May 1, 2012. On November 8, 2012, Gladden filed a motion to reopen post-conviction proceedings, which was denied on December 16, 2013, Another motion to reopen post-conviction proceeding,, filed on March 26, 2014, was granted on April 22, 2014 to the extent that it allowed Gladden to file a belated application for leave to appeal. Gladden's application for leave to appeal was denied by the Court of Special Appeals of Maryland on April 16, 2015, with the court's mandate issuing on May 18, 2015.

         On April 21, 2016, Gladden submitted the instant Petition, which was received and docketed by this Court on April 27, 2016. Because the Petition is dated April 21, 2016, it is deemed filed as of that date. See Houston v. Lack, 487 U.S. 266, 270-76 (1988); United States v. Dorsey, 988 F.Supp. 917, 919-20 (D. Md. 1998) (holding that a petition shall be deemed to have been filed on the date it was deposited with prison authorities for mailing under the prison mailbox rule); see also United States v. McNeill, 523 F.App'x 979, 982-83 (4th Cir. 2013).

         DISCUSSION

         I. Petition

         In his Petition to this Court, Gladden claims that he has been denied his constitutional right to effective assistance of counsel because post-conviction counsel failed to raise several claims of ineffective assistance of trial and appellate counsel, prosecutorial misconduc, and trial court error. Responden's argue that the Petition is time-barred under 28 U.S.C. S 2244(d).

         A. Limitations Period

         A one-year statute of limitations applies to habeas petitions in non-capital cases for a person convicted in state court. See 28 U.S.C. S 2244(d) (2012). Section 2244(d) provides that:

(1) A I-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 ...

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