United States District Court, S.D. Indiana, Indianapolis Division
ORDER DENYING PETITION FOR A WRIT OF HABEAS
R. SWEENEY II, JUDGE
Sam Milligan is an Indiana prisoner who filed the instant
petition for a writ of habeas corpus pursuant to 28 U.S.C.
§ 2254 challenging his state court convictions for
murder and attempted murder. In the end, the Court concludes
that his petition is time-barred and that a certificate of
appealability should not issue.
background necessary to resolve Mr. Milligan’s §
2254 motion is relatively brief given that the Court
ultimately concludes that his claims are time-barred. The
following is the background relevant to this Order as
summarized by the Indiana Court of Appeals when denying Mr.
Milligan’s successive petitioner for post-conviction
On September 20, 1985, Milligan was involved in a domestic
dispute that resulted in a double homicide and an attempted
murder of a third person. On September 25, 1985, the State
charged Milligan with the murders of Margaret Milligan and
Nkosana Ncube and the attempted murder of Thandeka Ncube.
. . . .
[After Mr. Mulligan’s guilty plea, ] [o]n August 5,
1986, the court sentenced Milligan to sixty years for each
count of murder and fifty years for attempted murder and
ordered that the sentences be served consecutive to each
On January 26, 1996, Milligan filed a pro se petition for
post-conviction relief. On June 12, 1996, the post-conviction
court denied the petition.
On April 25, 2000, this court granted Milligan permission to
file a successive petition for post-conviction relief. In May
2000, Milligan, pro se, filed a form successive
post-conviction relief petition.
On May 30, 2000, the State filed an answer to
Milligan’s petition. On February 11, 2015, the State
filed a Motion to Require Petitioner to Submit Case by
Affidavit pursuant to Post–Conviction Rule 1(9)(b), 11
and the court granted the motion and gave Milligan until June
15, 2015 to submit his case by affidavit. On June 15, 2015,
Milligan filed his affidavit in support of his verified
petition for post-conviction relief ..... On January 7, 2016,
the court denied Milligan’s petition.
Milligan v. State, 64 N.E.3d 1269, 2016 WL 5955907,
*1, *4 (Ind.Ct.App. 2016).
the Indiana Court of Appeals affirmed the denial of Mr.
Mulligan’s successive petition for post-conviction
relief, he petitioned the Indiana Supreme Court for transfer.
The Indiana Supreme Court denied transfer on January 19,
2017. Mr. Mulligan filed this action on September 20, 2017.
Milligan raises several constitutional challenges to his
conviction in his § 2254 petition. The respondent argues
that Mr. Milligan’s petition is time-barred. Mr.
Milligan contends, among other things, that he is entitled to
equitable tolling and thus his petition should not be
dismissed as time-barred. The Court ordered supplemental
briefing on the question of equitable tolling, and the
petition is now ripe for decision. In the end, the Court
concludes that Mr. ...