Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Milligan v. Zatecky

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

September 30, 2019

SAM MILLIGAN, Petitioner,
v.
DUSHAN ZATECKY, Respondent.

          ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS

          JAMES R. SWEENEY II, JUDGE

         Petitioner 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.

         I. Background

         The 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 relief:

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 other.
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).

         After 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.

         II. Discussion

         Mr. 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. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.