United States District Court, D. Maryland
JOSEPH THOMAS PATRICK, Prisoner Identification No. 273986, Petitioner,
RICHARD MILLER, Warden, and THE ATTORNEY GENERAL OF THE STATE OF MARYLAND. Respondents.
THEODORE D. CHUANG UNITED STATES DISTRICT JUDGE
Joseph Thomas Patrick, an inmate confined at the Roxbury
Correctional Institution in Hagerstown, Maryland, has filed a
Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C.
§ 2254 challenging his 1998 convictions in the Circuit
Court for Prince George's County, Maryland for armed
carjacking, kidnapping, robbery with a deadly weapon, and
related offenses. In response to an order from the Court,
Respondents filed a Limited Answer to the Petition, seeking
dismissal of the Petition as time-barred. Patrick has filed a
Reply to the Limited Answer. For the reasons set forth below,
the Petition is denied and dismissed as time-barred.
January 23, 1998, a jury sitting in the Circuit Court for
Prince George's County found Patrick guilty of armed
carjacking, kidnapping, robbery with a deadly weapon,
robbery, and use of a handgun during a crime of violence. On
April 17, 1998, the court sentenced Patrick to a total of 80
years of imprisonment. Patrick filed a motion for
modification of sentence and an application for review of
sentence, which were denied on July 28, 1998 and September
10, 1998, respectively.
March 10, 1999, the Court of Special Appeals of Maryland
affirmed Patrick's conviction. Patrick's petition for
a writ of certiorari to the Court of Appeals of Maryland was
denied on June 9, 1999. See Patrick v. State, 354
Md. 331 (1999). His petition for a writ of certiorari to the
United States Supreme Court was denied on October 4, 1999.
See Patrick v. Maryland, 528 U.S. 903 (1999).
over four years after the conclusion of his direct appeal,
Patrick took no action in his case. Then, on January 12,
2004, Patrick filed a motion to correct an illegal sentence.
The motion was denied on April 16, 2004. On April 14, 2005,
Patrick filed a petition for postconviction relief in the
Circuit Court for Prince George's County. After a
hearing, the court denied the petition on March 7, 2006 but
granted Patrick leave to file a motion for reconsideration of
the sentence and an application for review of the sentence.
On June 21, 2006, the Court of Special Appeals denied
Patrick's application for leave to appeal the denial of
his post-conviction petition.
January 10, 2011, Patrick filed a motion to correct an
illegal sentence. The motion was denied on June 13, 2011. The
Court of Special Appeals of Maryland affirmed the decision on
May 9, 2014.
January 11, 2012, Patrick filed a petition for writ of actual
innocence. The petition was denied on October 19, 2012. The
ruling was affirmed by the Court of Special Appeals on May 9,
November 24, 2014, Patrick filed a motion to reopen his
post-conviction petition. The motion was denied on January
13, 2015. On February 9, 2015, Patrick filed another motion
to reopen his post-conviction proceedings, which was denied
on May 31, 2016. Patrick's application for leave to
appeal was denied by the Court of Special Appeals on October
January 20, 2017, Patrick filed the present Petition in this
Court. The petition is dated January 2, 2017 and will
therefore be deemed filed as of that date. See Houston v.
Lack, 487 U.S. 266, 275-76 (1988) (holding that a
petition is deemed to have been filed on the date it was
deposited with prison authorities for mailing under the
"mailbox" rule.); United States v. Dorsey,
988 F.Supp. 917, 919-920 (D. Md. 1998) (citing
Petition, Patrick claims that the trial judge erred by giving
misleading instructions to the jury, that there was
prosecutorial misconduct as a result of the introduction into
evidence of a handgun that belonged to his co-defendant, and
that he was subjected to ineffective assistance of counsel
because his trial counsel failed to object to the
handgun's entry into evidence. Respondents, however,
argue that the Petition is time-barred.
Statute of Limitations
one-year statute of limitations applies to federal habeas
petitions in non-capital cases filed by a person convicted in
state court. See 28 ...