United States District Court, S.D. Illinois
MEMORANDUM and ORDER
DAVID R. HERNDON, District Judge.
Petitioner Derrick Williams was convicted of attempted first degree murder, home invasion, residential burglary and armed robbery by a jury in Warren County, Illinois, in 2006. The burglary conviction and the sentence on the armed robbery conviction were vacated on appeal. On June 16, 2009, petitioner was resentenced to thirty-five years for attempted murder, fifteen years for home invasion and six years for armed robbery, to be served concurrently.
On February 4, 2015, Williams filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. 1). He raises the following grounds for habeas relief:
1. Petitioner was denied a fair trial because the court allowed hearsay evidence of a codefendant's statement.
2. Petitioner was denied a fair trial because the prosecutor failed to correct false testimony given by the victim.
3. Petitioner was denied a fair trial because the trial judge erroneously instructed the jury on accountability, which confused the jury.
This matter is now before the Court on respondent's motion to dismiss habeas petition as time-barred (Doc. 13). Petitioner responded to the motion (Doc. 14).
1. Relevant Facts
Williams is now in custody pursuant to the judgment entered on June 16, 2009, after resentencing. Doc. 13, Ex. A. Petitioner did not file a direct appeal after resentencing. Doc. 13, p. ¶ 3.
Williams filed a state postconviction petition on November 2, 2009. It was dismissed by the trial court as frivolous or patently without merit. Petitioner appealed, and the Appellate Court affirmed on December 1, 2011. Doc. 13, Ex. D-F. Respondent represents that petitioner did not file a petition for leave to appeal to the Supreme Court. Doc. 13, ¶ 4. Petitioner has not disputed that representation.
On October 24, 2011, while the appeal of the dismissal of his first postconviction petition was pending, Williams moved for leave to file a successive postconviction petition. The trial court denied leave. The Appellate Court affirmed, and Williams' petition for leave to appeal was denied on September 24, 2014. Doc. 13, Ex. G-J.
2. Applicable Legal Standards
28 U.S.C. § 2244 creates a one-year limitation period for filing a petition for writ of habeas corpus. Under 28 U.S.C. § 2244(d)(1), a person convicted in state court must file his federal habeas petition within one year of the latest of:
(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the ...