United States District Court, M.D. Alabama, Northern Division
RECOMMENDATION OF THE MAGISTRATE JUDGE
SUSAN RUSS WALKER, Chief Magistrate Judge.
This case is before the court on a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254 filed by state inmate Richard Christopher Ashe ("Ashe") on March 12, 2014. Doc. No. 1. Ashe presents claims challenging the constitutionality of his 2005 convictions in the Circuit Court of Crenshaw County, Alabama, on charges of first-degree sexual abuse and third-degree assault. The respondents (Doc. No. 7) argue that Ashe's petition is time-barred by the one-year federal limitation period. See 28 U.S.C. § 2244(d). Upon review of the pleadings, evidentiary materials, and applicable law, the court concludes that no evidentiary hearing is required and that Ashe's petition should be denied as untimely.
Title 28 U.S.C. § 2244(d) states:
(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 retroactively applicable to cases on collateral review; or
(D) the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.
(2) The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.
28 U.S.C. § 2244(d).
State Court Proceedings
Exhibits submitted by the respondents reflect that in October 2005, in the Circuit Court of Crenshaw County, Alabama, a jury found Ashe guilty of first-degree sexual abuse and third-degree assault. Ex. 1-Vol 1 at 2-4. On December 20, 2005, the trial court sentenced Ashe to 10 years in prison for the sexual abuse conviction and to six months for the assault conviction. Id. Ashe appealed, and on June 16, 2006, the Alabama Court of Criminal Appeals affirmed by memorandum opinion. Ex. 5. Ashe applied for rehearing, which was overruled on July 7, 2006. Exs. 6 and 7. Ashe did not petition the Alabama Supreme Court for certiorari review, and, on July 26, 2006, the Alabama Court of Criminal Appeals entered a certificate of judgment in the case. Ex. 8. Thereafter, Ashe ...