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Raymond v. State

United States District Court, N.D. Iowa, Cedar Rapids Division

May 30, 2018

JAMES DEAN RAYMOND, Petitioner,
v.
STATE OF IOWA, [1] Respondent.

          ORDER

          LINDA R. READER JUDGE

         I. INTRODUCTION

         This matter is before the court on the respondent's motion to dismiss (docket no. 4) the petitioner's application for a writ of habeas corpus as untimely (“motion to dismiss”). On July 25, 2017, the petitioner filed an application for a writ of habeas corpus (docket no. 1).[2] On November 20, 2017, the respondent filed the instant motion to dismiss (docket no. 4). The petitioner did not file a resistance to the motion to dismiss. The court now considers whether the petitioner's application for a writ of habeas corpus is time-barred under the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”), 28 U.S.C. § 2244.

         II. BACKGROUND

         A. Conviction

         On November 1, 2006, a jury found the petitioner guilty of first degree murder.[3]State v. Raymond, No. 02341, FECR019077 (Floyd County Dist. Ct. Nov. 1. 2006). On December 18, 2006, the Iowa District Court for Floyd County (“Iowa District Court”) sentenced the petitioner to life imprisonment without the possibility of parole. State v. Raymond, No. 02341, FECR019077 (Floyd County Dist. Ct. Dec. 18. 2006).

         B. Direct Appeal

         On January 16, 2008, the Iowa Court of Appeals affirmed the petitioner's conviction. State v. Raymond, 746 N.W.2d 278 (Iowa Ct. App. 2008). The Iowa Supreme Court denied further review on March 28, 2008. State v. Raymond, No. 06-2059 (Iowa Ct. App. Mar. 28, 2008). On April 1, 2008, procedendo issued.[4] State v. Raymond, No. 06-2059 (Iowa Ct. App. Apr. 1, 2008).

         C. First State Post-Conviction Relief Action

         On November 8, 2008, the petitioner filed an application for post-conviction relief. See Raymond v. State, No. 02341, PCCV029174 (Floyd County Dist. Ct. Nov. 8, 2008). Following a bench trial, the Iowa District Court denied the petitioner's application for post-conviction relief on May 29, 2012. See Raymond v. State, No. 02341, PCCV029174 (Floyd County Dist. Ct. May 29, 2012). On June 21, 2012, the petitioner appealed. Raymond v. State, No. 12-1174 (Iowa Ct. App. June 21, 2012). On August 21, 2013, the Iowa Court of Appeals affirmed the Iowa District Court's denial of the petitioner's application for post-conviction relief. Raymond v. State, 838 N.W.2d 870 (Iowa Ct. App. 2013). The Iowa Supreme Court denied further review on October 17, 2013. Raymond v. State, No. 12-1174 (Iowa Ct. App. Oct. 17, 2013). On October 28, 2013, procedendo issued. Raymond v. State, No. 12-1174 (Iowa Ct. App. Oct. 28, 2013).

         D. Second State Post-Conviction Relief Action

         On March 3, 2014, the petitioner filed a second application for post-conviction relief. Raymond v. State, No. 02341, PCCV030419 (Floyd County Dist. Ct. Mar. 3, 2014). On January 6, 2016, the Iowa District Court denied that action following a bench trial. Raymond v. State, No. 02341, PCCV030419 (Floyd County Dist. Ct. Jan. 6, 2016) (docket no. 4-2). The court concluded that the petitioner's second post-conviction relief action was time-barred[5] and also rejected the substantive claims on the merits. See id. On February 25, 2006, the petitioner appealed the denial of his application for post-conviction relief. Raymond v. State, No. 16-0371 (Iowa Ct. App. Feb. 25, 2006). The Iowa Court of Appeals affirmed the denial on May 3, 2017. Raymond v. State, 901 N.W.2d 838 (Iowa Ct. App. 2017). The Iowa Supreme Court denied further review on June 27, 2017. Raymond v. State, No. 16-0371 (Iowa Ct. App. June 27, 2017). On June 29, 2017, procedendo issued. Raymond v. State, No. 16-0371 (Iowa Ct. App. June 29, 2017).

         E. Federal Habeas Corpus Action

         On July 25, 2017, the petitioner filed the instant application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (docket no. 1). On November 20, 2017, the respondent filed the instant motion to dismiss (docket no. 4). The respondent argues that the petitioner's application for a writ of habeas corpus is untimely under ...


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