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Carter v. Leibach

United States District Court, W.D. Tennessee, Eastern Division

March 24, 2017

NEWT CARTER, Petitioner,
v.
BLAIR LEIBACH, Respondent.

          ORDER GRANTING MOTION TO DISMISS, DENYING MOTION FOR STATUS, DENYING CERTIFICATE OF APPEALABILITY, AND DENYING LEAVE TO APPEAL IN FORMA PAUPERIS.

          J. DANIEL BREEN UNITED STATES DISTRICT JUDGE.

         Newt Carter (“Petitioner”), a Tennessee state prisoner, has filed a petition under 28 U.S.C. § 2254 seeking habeas corpus relief. (ECF No. 1.) Before the Court is the motion of Respondent, Blair Leibach (“Respondent” or “the State”), to dismiss the petition. (ECF No. 14.) For the reasons that follow, the motion is GRANTED.

         Carter's State Proceedings

         A Madison County jury convicted Carter of aggravated rape and aggravated burglary. State v. Carter, No. W2009-00600-CCA-R3-CD, 2010 WL 2349207, at *1 (Tenn. Crim. App. June 11, 2010), perm. app. denied (Tenn. Nov. 12, 2010). The Tennessee Court of Criminal Appeals (“TCCA”) affirmed the convictions and on November 12, 2010, the Tennessee Supreme Court denied application for review. Id. The defendant did not file a petition for writ of certiorari with the United States Supreme Court. (ECF No. 1 at 2.)

         Carter filed a petition for post-conviction relief on October 28, 2011. (ECF No. 1 at 3.) After holding evidentiary hearings, the post-conviction court denied the petition and the TCCA affirmed. Carter v. State, No. W2013-00506-CCA-R3-PC, 2014 WL 1669957, at *1 (Tenn. Crim. App. April 25, 2014), perm. app. denied (Tenn. Aug. 27, 2014). The Tennessee Supreme Court denied Petitioner's application for review on August 25, 2014. (ECF No. 1 at 3.) In October 2014, Petitioner filed a petition for writ of certiorari with the United States Supreme Court, which was denied on February 23, 2015. (ECF No. 1 at 4.)

         Carter's § 2254 Petition and Limitations Period

         Petitioner filed his pro se § 2254 petition on August 3, 2015. He raises the following habeas claims:

1. The evidence was insufficient to support his convictions.
2. The trial court erred by enhancing Carter's sentence based on facts not found by the jury.
3. The trial court was ineffective by failing to have Petitioner evaluated by a psychiatrist.

(ECF No. 1 at 4-13.)

         A § 2254 petition is subject to a one-year statute of limitations. 28 U.S.C. § 2244(d)(1).

         The limitations period begins to run from the latest of four possible dates:

(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time ...

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