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Green v. Armstead

United States District Court, D. Maryland

February 28, 2019

COREY GREEN, Petitioner
v.
WARDEN LAURA Y. ARMSTEAD and THE ATTORNEY GENERAL OF THE STATE OF MARYLAND, Respondents.

          MEMORANDUM OPINION

          GEORGE J. HAZEL, UNITED STATES DISTRICT JUDGE

         In response to the above-entitled Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. §2254, Respondents seek dismissal of the petition as untimely. ECF No. 6. Petitioner has filed a Reply to the Limited Answer. ECF No. 8. The Court finds 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)). For the reasons set forth below, the petition shall be dismissed as untimely and a certificate of appealability shall not issue.

         Background

         On February 24, 1997, Petitioner pled guilty to charges of first degree murder and use of a handgun in the commission of a crime of violence in the Circuit Court for Anne Arundel County, Maryland. ECF No. 6 at Ex. 1, p. 6.

         On April 9, 1997, Petitioner was sentenced to life imprisonment for first degree murder and 15 years consecutive for use of a handgun. Id. at p. 4. The sentences were given a starting date of August 3, 1996. Id. Petitioner did not seek appellate review of the guilty plea proceedings, therefore his conviction became final when the time for seeking such review expired on May 9, 1997. See Md. Rule 8-204 (application for leave to appeal must be filed within 30 days after entry of judgment).

         On July 7, 1997, Petitioner filed a motion for reduction of sentence which was denied the same day it was filed. ECF No. 6 at Ex. 1, p. 9.

         On January 25, 2006, Petitioner, through counsel, sought post-conviction relief in the Circuit Court for Anne Arundel County. Id. at p. 10. After a hearing on October 1, 2007, the Circuit Court denied post-conviction relief “for the reason dictated into the record.” Id. at p. 11. Petitioner did not file an application for leave to appeal the denial of post-conviction relief.

         On February 9, 2015, Petitioner filed a motion to correct illegal sentence, which was denied on March 23, 2015. Id. at p. 12.

         Petitioner appealed the denial of the motion to the Court of Special Appeals and the denial of the motion to correct illegal sentence was affirmed by order dated March 15, 2016. See Green v. State, Slip No. 1019, 2016 WL 1033333 (Md. Ct. Sp. App. 2016) (unpublished). A petition for writ of certiorari seeking further review by the Maryland Court of Appeals was denied on June 24, 2016. See Green v. State, 448 Md. 315 (2016).

         For purposes of this Petition, Petitioner's conviction became final on May 9, 1997, and the one-year filing period for federal habeas relief began running on that date.

         Standard of Review

         As a preliminary matter, any Petition for Writ of Habeas Corpus filed pursuant to § 2254 must be filed within the time limits applicable to that section. Under the provisions of 28 U.S.C. § 2244, the one-year limitation period runs 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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