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Chadwick v. Bishop

United States District Court, D. Maryland

April 26, 2019

STEVEN C. CHADWICK Petitioner
v.
FRANK BISHOP, JR. and THE ATTORNEY GENERAL OF THE STATE OF MARYLAND Respondents

          MEMORANDUM OPINION

          RICHARD D. BENNETT, UNITED STATES DISTRICT JUDGE

         In response to Petitioner Steven Chadwick's self-represented Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254, Respondents assert that the petition is time-barred and subject to dismissal. ECF 5. Chadwick has filed a Reply asserting that he was never provided with the State courts' decisions regarding his appeal or post-conviction; that there were postconviction proceedings pending during the operative time-period; and that the merits of his Petition should be considered as it is timely filed. ECF 7. 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. 2018); 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)).

         In light of the determination that a hearing is not warranted, Chadwick's Motion to Appoint Counsel (ECF 12) shall be denied. See Rule 8(c) of the Rules Governing § 2254 Cases (requiring appointment of counsel if an evidentiary hearing is warranted), see also Pennsylvania v. Finely, 481 U.S. 551, 555 (1987) (no Sixth Amendment right to counsel to pursue petition for collateral review). For the reasons set forth below, the Petition shall be dismissed as untimely and a certificate of appealability shall not issue.

         BACKGROUND

         On January 30, 2008, Chadwick pled guilty to first degree rape in the Circuit Court for Baltimore County, Maryland. ECF 5-3 at p. 1. The State's Attorney proffered the following agreed statement of facts during the plea proceeding:

This rape occurred on September 13th of 2006 in the early morning hours just after midnight. It occurred in an apartment complex around 8608 Bramble Lane. The victim in this case, she had just turned 18 about a week prior to the 13th of September.
Shortly after midnight on the 13th she had gotten off the bus and was walking to her home located in this apartment complex.
This is a large complex with ma[n]y units and there are lots of public walkways in this complex.
She made the mi stake of cutting through a fence as a shortcut rather than walking around the entire apartment complex, cut from a hole in the fence. She was by herself. And she was approached by an older African-American male who ran up to her asking could he walk her home. She said no. He said his name was Steve. She started to get uncomfortable and walked away from him.
All of a sudden he ran up to her, attacked her and ripped off some of her cloth [e]s and had forcible vaginal intercourse with her at knife point. She struggled to the best of her ability, that she believes she was able to punch him in the fact once or twice. But certainly her resistance was overcome by his force and the fact that he was - that he had a knife in her throat - around her throat.
After the conclusion of the rape, she ran home where she lived with her grandmother and called 911.
The police were called [to] the scene, immediately were able to locate the scene of the crime based upon a matted down eight-food-wide square matted down grassy area, and found the victim's flip-flops and, I believe, her purse and, importantly, a cell phone.
That cell phone the detectives recovered and were able to get some subscriber information fro[m] the cell phone. It came back to an individual by the name of Steve Chadwick.
They ran "Steve Chadwick" through MVA and he matched the description the victim was able to provide to a ...

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