United States District Court, M.D. Tennessee, Nashville Division
WAVERLY D. CRENSHAW, JR, CHIEF UNITED STATES DISTRICT JUDGE.
a habeas corpus action brought by Demance Beasley, a state
prisoner, pursuant to 28 U.S.C. § 2254. Presently before
the Court is Respondent's motion to dismiss the petition
on the grounds that it is time-barred. (Doc. No. 28.) For the
reasons set forth herein, the Court finds that the petition
is barred by the statute of limitations in 28 U.S.C. §
2244(d)(1)(A). As a result, the Court will grant
Respondent's motion to dismiss.
2010, the Davidson County Grand Jury issued a five-count
indictment charging Petitioner with three counts of
first-degree murder, one count of aggravated assault and one
count of possession of cocaine with the intent to distribute.
(Doc. No. 29-1 at Page ID# 172-78; see also State v.
Demance Beasley, No. M2011-00228-CCA-R3-CD, 2012 WL
2018227, at *1 (Tenn. Crim. App. June 6, 2012). The case was
tried to a jury, which found Petitioner guilty of
first-degree felony murder, the lesser included offense of
reckless homicide, the lesser included offense of voluntary
manslaughter, aggravated assault, and possession. (Doc. 29-1
at Page ID# 257-61.) The lesser included offenses were merged
into the felony murder conviction and Petitioner was
sentenced to life with the possibility of parole, six years
for the aggravated assault conviction and 12 years for the
possession conviction. (Id.)
appealed to the Tennessee Court of Criminal Appeals. On June
6, 2012, the court of appeals issued an opinion affirming the
trial court's judgments. See Beasley, 2012 WL
2018227, at *9. Petitioner filed an application for
permission to appeal to the Tennessee Supreme Court, which
was denied on October 17, 2012. (Doc. No. 29-3.) Petitioner did
not file a petition for writ of certiorari in the United
States Supreme Court.
September 27, 2013, Petitioner timely filed a petition for
post-conviction relief in the trial court. (Doc. No. 29-4 at
Page ID# 305-08.) He subsequently amended his petition twice.
(Id. at Page ID# 309-316, 319-29.) The petition for
post-conviction relief was denied on July 25, 2014.
(Id. at Page ID# 333-38.) Petitioner appealed to the
Tennessee Court of Criminal Appeals, which denied relief on
August 13, 2015. See Beasley v. State, No.
M2014-01507-CCA-R3-PC, 2015 WL 4764282, at *1 (Tenn. Crim.
App. Aug. 13, 2015). Thereafter, Petitioner sought permission
to appeal from the Tennessee Supreme Court, which was denied
on November 25, 2015. Id. at *1.
filed his petition under 28 U.S.C. § 2254 in this Court
on or about November 28, 2016. He filed an amended petition on
February 10, 2017.
Statute of Limitations
application is barred by the one-year statute of limitations
provided in 28 U.S.C. § 2244(d)(1), which became
effective on April 24, 1996, as part of the Antiterrorism and
Effective Death Penalty Act, Pub. L. No. 104-132, 110 Stat.
1214 (AEDPA). Section 2244(d)(1) provides:
(1) A 1-year period of limitation shall apply to an
application for a writ of habeas corpus by a person in
custody pursuant to the judgment of a State court. The
limitation period shall run 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
prevented from filing by such State action;
(C) the date on which the constitutional right asserted was
initially recognized by the Supreme Court, if the right has
been newly recognized by the Supreme Court and made