Turner v. Brown

Dist. Ct. did not err in dismissing as untimely defendant’s habeas petition challenging his 1995 murder conviction and sentence based on defendant’s claim that his trial counsel was ineffective. Record showed that last day defendant could have filed instant habeas petition was September 28, 1998, which was one year after his murder conviction and sentence became final. Fact that defendant had obtained state-court post-conviction relief on his attempted robbery conviction that formed part of same trial as his murder conviction did not serve to re-start any habeas limitation period with respect to his murder conviction, since state-court post-conviction petition only challenged his attempted robbery conviction. As such, while any habeas petition challenging defendant's attempted robbery conviction might have been timely, instant habeas petition challenging his murder conviction and sentence was untimely.