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Edwards v. Zatecky

United States District Court, S.D. Indiana, Indianapolis Division

August 29, 2019

ADRIAN EDWARDS, Petitioner,
v.
DUSHAN ZATECKY, Respondent.

          ADRIAN EDWARDS, Caryn Nieman Szyper INDIANA ATTORNEY GENERAL.

          ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

          JAMES R. SWEENEY II, JUDGE.

         In his petition for writ of habeas corpus, petitioner Adrian Edwards challenges his 2006 convictions in Indiana state court. The respondent has filed a motion to dismiss, and Mr. Edwards has not responded. For the reasons explained in this Order, the respondent’s motion to dismiss, dkt. [6], is granted, Mr. Edwards’s petition for a writ of habeas corpus is denied, and the action is dismissed with prejudice. In addition, the Court finds that a certificate of appealability should not issue.

         I. Background

         Mr. Edwards was convicted of two counts of murder and one count of conspiracy to commit murder. Edwards v. State, 2007 WL 3378505, at *1 (Ind. Ct. App. Nov. 15, 2007) (“Edwards I”). The trial court sentenced Mr. Edwards to 55 years in prison for each murder plus 30 years for conspiracy to commit murder, for a total prison term of 140 years. Id. at *2.

         The Indiana Court of Appeals affirmed on direct appeal. Id. at *4. On March 24, 2008, the Indiana Supreme Court denied Mr. Edwards’s petition to transfer. Dkt. 7-2 at 4. Mr. Edwards did not file a petition for writ of certiorari in the United States Supreme Court, and the deadline to do so was June 23, 2008.

         On September 8, 2008, Mr. Edwards filed his first petition for post-conviction relief in state court. Dkt. 7-1 at 9. On May 22, 2013, he withdrew his first petition. Id. at 10.

         On December 12, 2013, Mr. Edwards filed a second state post-conviction petition. Id. at 12. The trial court denied relief, and the Indiana Court of Appeals affirmed. Edwards v. State, 2018 WL 817943, at *8 (Feb. 12, 2018) (“Edwards II”). On May 18, 2018, the Indiana Supreme Court denied Mr. Edwards’s petition to transfer. Dkt. 7-3 at 10.

         On April 22, 2019, Mr. Edwards mailed his petition for a writ of habeas corpus, which was filed on April 23, 2019. Dkt. 2.

         II. Applicable Law

         (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 ...

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