United States District Court, W.D. Tennessee, Eastern Division
ORDER GRANTING MOTION TO DISMISS, DENYING MOTION FOR
STATUS, DENYING CERTIFICATE OF APPEALABILITY, AND DENYING
LEAVE TO APPEAL IN FORMA PAUPERIS.
DANIEL BREEN UNITED STATES DISTRICT JUDGE.
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.
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.)
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.)
§ 2254 Petition and Limitations Period
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.)
§ 2254 petition is subject to a one-year statute of
limitations. 28 U.S.C. § 2244(d)(1).
limitations period begins to run from the latest of four
(A) the date on which the judgment became final by the
conclusion of direct review or the expiration of the time ...