Gladney v. Pollard

Dist. Ct. did not err in dismissing as untimely defendant’s habeas petition challenging his 1996 first-degree murder conviction on ground that he should have been convicted on lesser-degree murder charge because he acted in “imperfect self-defense.” Record showed that defendant’s state conviction became final in January of 1999, and defendant did not file habeas petition until July of 2013, or well after applicable one-year limitations period set forth in 28 USC section 2244(d)(1)(A). Moreover, no form of tolling, beginning from 2010 discovery that trial counsel had failed to interview favorable witness, would render his petition timely. Also, while defendant argued that new evidence from potential witness would support his claim of actual innocence with respect to first-degree murder charge, which in turn would excuse untimely nature of instant habeas petition, said evidence would not have directly established defendant’s mental state at time of killing so as to support his actual innocence claim.