United States District Court, S.D. Indiana, Terre Haute Division
ENTRY DISCUSSING PETITION FOR A WRIT OF HABEAS
Jane Magnus-Stinson, Chief Judge
Derrick Means is serving a 16-year sentence based on his
convictions for two counts of operating while intoxicated
causing serious bodily injury. Mr. Means was ordered to serve
twelve years of his sentence executed to the Indiana
Department of Correction and the remaining four years on
probation. He now seeks a writ of habeas corpus. For the
reasons explained in this Entry, Mr. Means's petition for
a writ of habeas corpus is denied and the
action dismissed with prejudice. In addition, the Court finds
that a certificate of appealability should not issue.
Factual and Procedural Background
federal habeas court presumes that the state courts'
account of the facts is accurate unless the petitioner rebuts
this presumption of correctness by clear and convincing
evidence. 28 U.S.C. § 2254(e)(1); Caffey v.
Butler, 802 F.3d 884, 887-88 (7th Cir. 2015). On direct
appeal, the Indiana Court of Appeals found as follows:
On November 27, 2013, while fleeing from the police in
Johnson County, a heavily intoxicated Means rammed his SUV
into a vehicle occupied by two adults and their six-year-old
On December 16, 2013, the State filed an Information charging
Means with: Counts I and II, causing serious bodily injury
when operating a motor vehicle while intoxicated with a
previous conviction of operating a motor vehicle while
intoxicated within the past five years, both Class C
felonies; Counts III and IV, resisting law enforcement, both
Class C felonies; and Count V, operating a motor vehicle
while intoxicated with a previous conviction of operating a
motor vehicle while intoxicated within the past five year, a
Class D felony.
On November 13, 2014, Means pled guilty to Counts I and II in
exchange for a maximum executed sentence cap of six years on
each Count, merger of Count V with Counts I and II, and
dismissal of Counts III and IV. On January 26, 2015, the
trial court held a sentencing hearing and, on January 28,
2015, sentenced Means to an aggregate term of sixteen years,
with twelve years executed at the Department of Correction
and four years suspended to probation.
Means v. State, No. 41A04-1502-CR-68 (Ind.Ct.App.
Feb. 25, 2016). Means's convictions and sentence were
affirmed by the Indiana Court of Appeals on direct appeal on
February 25, 2016. Means did not seek review by the Indiana
April 4, 2016, Means filed a petition to correct erroneous
sentence in the trial court. That motion was denied on April
13, 2016. He filed a motion to reconsider that ruling on
April 29, 2016, and a notice of appeal on July 21, 2016. The
appeal was dismissed as untimely and the Indiana Supreme
Court denied his petition to transfer.
17, 2017, Means signed and filed this petition for a writ of
support of his petition for a writ of habeas corpus, Mr.
Means challenges his sentence and argues that his counsel was
ineffective. The respondent contends that Mr. Means's
petition is barred by AEDPA's one-year statute of
attempt to “curb delays, to prevent
‘retrials' on federal habeas, and to give effect to
state convictions to the extent possible under law, ”
Congress, as part of the Anti-terrorism and Effective Death
Penalty Act of 1996, revised several of the statutes
governing federal habeas relief. Williams v. Taylor,
529 U.S. 362, 404 (2000). Along with triggering dates not
applicable here, “[u]nder 28 U.S.C. §
2244(d)(1)(A), a state prisoner seeking federal habeas relief
has just one ...