United States District Court, D. Maryland
W. Grimm United States District Judge.
Petitioner Warren Clifton Jackson filed a Petition for Writ
of Habeas Corpus pursuant to 28 U.S.C. §2254. ECF No. 1.
The Petition challenges Jackson's 2013 conviction in the
Circuit Court for Baltimore City, Maryland for possession of
a regulated firearm after conviction of a disqualifying
crime; discharging a gun within Baltimore City limits; and
theft of property valued under $1, 000. Id.
Respondents filed a Limited Answer in which they sought
dismissal of the Petition as being time-barred under 28
U.S.C. § 2244(d)(1)-(2). ECF No. 4. Subsequently,
Jackson filed a reply, arguing that this Court is not barred
from hearing his claims. ECF No. 7.
no need for an evidentiary hearing. See Rule 8(a),
Rules Governing Section 2254 Cases in the United States
District Courts and Local Rule 105.6 (D. Md. 2016);
see also Fisher v. Lee, 215 F.3d 438, 455 (4th Cir.
2000) (petitioner not entitled to a hearing under 28 U.S.C.
§2254(e)(2)). Because his Petition is time-barred,
Jackson's Petition is dismissed, and a certificate of
appealability shall not issue.
accurately described the background of this case:
In October of 2013, Jackson was convicted in the Circuit
Court for Baltimore City of unlawful possession of a
regulated firearm, unlawful discharging of a firearm, and
theft. On December 2, 2013, Jackson was sentenced to serve 15
years in prison. In an unreported opinion filed on February
6, 2015, the Court of Special Appeals of Maryland affirmed
Jackson's convictions. Jackson's request for further
review in the Court of Appeals of Maryland was denied on May
27, 2015. Jackson did not seek further review in the Supreme
Court . . . .
On May 27, 2016, Jackson initiated state post conviction
proceedings in the state circuit court. Post conviction
relief was denied on October 25, 2016.
Lim. Ans. ¶¶ 4-5 (citations to exhibits omitted);
see also Pet. 1-2; State Ct. Docket 7-12, ECF No.
4-1; Jackson v. State, No. 2268, Sept. Term 2013
(Md. Ct. Spec. App. Feb. 6, 2015) (unreported), ECF No. 4-2;
Order Denying Cert. (Md. May 27, 2015), ECF No. 4-2. Jackson
did not file an application for leave to appeal the denial of
post-conviction relief to the Court of Special Appeals of
Maryland. See State Ct. Docket.
Petition for Writ of Habeas Corpus filed in this Court,
Jackson claims "Ineffective Assistance of Postconviction
Counsel." Pet. 3. Specifically, he asserts that
post-conviction counsel rendered ineffective assistance by
"[flailing to call trial counsel at his post-conviction
hearing" and by failing to support his claims that trial
counsel was ineffective in (a) investigating and preparing
his defense, (b) stipulating that Jackson "was
prohibited from possessing a firearm, " (c) making a
closing argument, (d) failing "to obtain an expert on
gunshot residue, " (e) failing to object during the
State's closing argument, (f) "[f]ailing to request
[a] 'no evidence' jury instruction, (g) failing to
object to or highlight inconsistent testimony from State
witnesses, and (h) "[f]ailing to advise Jackson to not
testify." Id. at 3-4.
threshold issue in this case is the timeliness of the
Petition, as the Court only may reach the merits of
Jackson's claims if the Petition is timely. See
28 U.S.C. § 2244(d)(1). A one-year statute of
limitations applies to habeas petitions in non-capital cases
for persons convicted in state court. See id.; Wall v.
Kholi, 562 U.S. 545, 550 (2011). Section 2244(d)(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