United States District Court, D. Maryland
ARDALE D. TICKLES, Petitioner,
FRANK B. BISHOP, JR., ATTORNEY GENERAL OF MARYLAND, Respondents.
L. Hollander United States District Judge.
Tickles, who is self-represented, filed a petition for writ
of habeas corpus (the “Petition”) on July 6,
2017. ECF 17. He also filed several supplements (ECF 6; ECF
7; ECF 10; ECF 11; ECF 16), as well as correspondence.
See ECF 8; ECF 13; ECF 14; ECF 15; ECF 17. Tickles
also filed exhibits, some of which are filed only in paper
format. See ECF 1-1; ECF 6.
challenges his convictions in the Circuit Court for Baltimore
County on September 17, 1999, for the crimes of attempted
murder, first degree assault, robbery with a dangerous and
deadly weapon, robbery, and handgun offenses. Id;
ECF 9-1 at 2-3 (docket entries). On December 20, 1999, after
completion of a presentence investigation and psychiatric
report ordered by the presiding judge, Tickles was sentenced
to an aggregate term of 25 years of imprisonment. ECF 1-1 at
8 (State post-conviction opinion).
answer to Tickles's Petition, respondents assert that the
Petition must be dismissed because it is time-barred. ECF 9.
Tickles was granted the opportunity to respond to the answer
and to provide any argument he may have to support the
equitable tolling of the one-year filing period. ECF 12. In
response, Tickles filed three letters and a supplement to the
Petition. See ECF 13; ECF 14; ECF 15; ECF 16.
hearing is necessary to resolve this matter. 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)). For the reasons that follow, the Petition
must be dismissed as untimely. A certificate of appealability
shall not issue.
noted, on September 17, 1999, Tickles was convicted of
several State offenses. Through counsel, he appealed to the
Maryland Court of Special Appeals. ECF 1-1 at 8. On January
16, 2001, Tickles's convictions were affirmed by an
unpublished opinion; the mandate issued on February 15, 2001.
Id. Tickles filed a petition for writ of certiorari
to the Maryland Court of Appeals, which was denied on August
16, 2001. Id.
filed a State petition for post-conviction relief on May 20,
2015. Id. Judge Judith Ensor, of the Circuit Court
for Baltimore County, dismissed the petition because it was
not filed within the 10-year period, as required by
Maryland's Uniform Post-Conviction Procedure Act, Md.
Code, § 7-103 of the Crim. Pro. Article, and Tickles
failed to demonstrate cause to excuse the untimely filing.
Id. at 9.
order to comply with Maryland's filing deadline, the
petition for post-conviction relief was due by December of
2009. Id. at 9. In dismissing the petition, Judge
Ensor noted, ECF 1-1 at 9:
Unrelated to the pending matter but instructive with respect
to the extraordinary cause argument, the Court notes that, in
the Circuit Court for Howard County, under No.
13-K-99-038529, Mr. Tickles was charged via indictment on
September 17, 1999, with, among other things, First Degree
Murder. Mr. Tickles was found guilty and sentenced on or
about July 11, 2000, to life imprisonment. On August 12,
2002, Mr. Tickles, on his own, filed a Petition for Post
Conviction Relief. On June 2, 2003, Mr. Tickles filed a
motion to withdraw the petition without prejudice. In
January, 2009, Mr. Tickles filed a motion to reopen the post
Also of note is the fact that, back on April 7, 2008, Mr.
Tickles, without the benefit of counsel, filed a motion in
03-K-99-1191 for a court order compelling compliance with the
Maryland Public Information Act. In that motion, Mr. Tickles
provided a detailed listing of all of the records to which he
felt he was entitled and the legal basis for his position.
State post-conviction court rejected Tickles's claim that
he was unaware of the 10-year time limitation for
post-conviction. ECF 1-1 at 9. The court was also unpersuaded
that Tickles's mental illness prohibited him from
complying with the 10-year filing deadline.
reaching these conclusions, the Baltimore County
post-conviction court noted that, in a letter to the
presiding judge dated November 13, 1999, Tickles complained
that trial counsel had not done enough to defend him, nor did
defense counsel offer his history of mental illness as
mitigation. Id. at 10. Further, the court noted that
Tickles had filed a pro se petition for post-conviction
relief in the Howard County case on August 12, 2002, and
withdrew it in 2003, without prejudice. Id. Tickles
then managed to file a timely motion to reopen the
post-conviction proceeding in Howard County on January 23,
2009, more than ten months before the post-conviction
petition would have been due in the Baltimore County case.
application for leave to appeal the dismissal of his
post-conviction petition was summarily denied on February 16,
2017. The ...