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United States ex rel Robbins v. McCann

April 8, 2009

UNITED STATES OF AMERICA EX REL. FARRELL ROBBINS, PETITIONER,
v.
TERRY MCCANN, RESPONDENT.



The opinion of the court was delivered by: Wayne R. Andersen District Judge

MEMORANDUM OPINION AND ORDER

This case is before the court on the motion of respondent Terry McCann to dismiss the petition for writ of habeas corpus filed by petitioner Farrell Robbins. For the reasons set forth below, the motion to dismiss is granted and this case is terminated.

BACKGROUND

Petitioner Farrell Robbins is currently incarcerated at the Stateville Correctional Center in Joliet, Illinois. Following a jury trial in the Circuit Court of Cook County, Robbins was convicted on April 6, 1999 of two counts of first degree murder. Order, People v. Robbins, No. 1-99-1602 (Ill. App. 2001). Robbins was then sentenced to natural life imprisonment. Pet. at 1. Robbins filed an appeal to the Illinois Appellate Court, which affirmed his conviction and sentence on November 20, 2001. Pet. at 2. Robbins filed a petition for leave to appeal (PLA) to the Illinois Supreme Court, which was denied on April 3, 2002. Order, People v. Robbins, No. 93104 (Ill. 2002). Robbins did not file a petition for writ of certiorari to the United States Supreme Court. Pet. at 2.

On April 25, 2002, Robbins filed a petition for post-conviction relief in the Circuit Court of Cook County. Order, People v. Robbins, 1-02-2646 (Ill. App. Ct. 2004). The petition was summarily dismissed on July 19, 2002. Order, People v. Robbins, 95 CR 8022 (Ill. Cir. Ct. 2002). The Illinois Appellate Court affirmed the denial of Robbins' post-conviction petition on March 24, 2004 and the Illinois Supreme Court denied Robbins' PLA on October 6, 2004. Order, People v. Robbins, No. 1-02-2646 (Ill. App. Ct. 2004); Order, People v. Robbins, No. 98607 (Ill. 2004). Robbins did not file a petition for a writ of certiorari to the United States Supreme Court from this collateral appeal.

On January 31, 2006, Robbins filed a successive post-conviction petition. Successive post-conviction petition, People v. Robbins, No. 95 CR 8022. That petition was dismissed on March 9, 2006. Order, People v. Robbins, No. 95 CR 8022 (Ill. Cir. Ct. 2006). The Illinois Appellate Court affirmed the denial of the successive post-conviction petition on February 29, 2008 and the Illinois Supreme Court denied Robbins' PLA on May 29, 2008. Order, People v. Robbins, No. 1-06-1114 (Ill. App. Ct. 2008); Order, People v. Robbins, No. 106293 (Ill. 2008). Robbins did not file a petition for a writ of certiorari to the United States Supreme Court from this collateral appeal.

On November 3, 2008 filed a petition for a writ of habeas corpus in this court alleging: (1) that he is actually innocent, and (2) he was denied his Sixth Amendment right to ineffective assistance of counsel because his trial counsel allegedly failed to obtain evidence supporting Robbins' claim that the statements he gave to authorities were coerced and involuntary.

LEGAL STANDARD

The Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") requires a state prisoner seeking habeas corpus relief to file a petition within one year after the conviction becomes final. 28 U.S.C. § 2244(d)(1)(A). In Illinois, the judgment of a court of review is final on the day in which the decision is entered. See Wilson v. Battles, 302 F.3d 745, 747 (7th Cir. 2002) (citing PSL Realty Co. v. Granite Inv. Co., 427 N.E.2d 563 (1981)).

Respondent argues that Robbins' petition for a writ of habeas corpus is time-barred by the one year statute of limitations found in the AEDPA. 28 U.S.C. § 2244(d)(1). The AEDPA provides that the statute of limitations period begins at the occurrence of one of four events:

(A) the date on which the judgment becomes final by conclusion of direct review or the expiration of the time for seeking 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 and made retroactively applicable to cases on collateral review; or

(D) the date in which the factual predicate of the claim or claims presented could have been discovered ...


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