United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
HERNDON, District Judge.
Diamond LaNeil Barnes, was convicted of first degree murder
at a bench trial in Madison County, Illinois in October 2010.
(Doc. 6, Attach. 1, pp. 45-46; Doc. 21 Exh. A, pp.10-11). He
was sentenced to forty-five years imprisonment. Id.
at p. 13.
2016, petitioner filed a petition for writ of habeas corpus
pursuant to 28 U.S.C. §2254 (Doc. 1), alleging, in
short, that: his underlying conviction is not sound because
Illinois law was, or is, contrary to federal law regarding
the right to bear arms; and, based on his interpretations of
the law, the facts presented did not support a conviction
beyond a reasonable doubt. (Doc. 1).
matter is now before the Court on respondent's motion to
dismiss the habeas petition as untimely (Doc. 20) to which
petitioner responded (Doc. 26).
was arrested and charged with first degree murder for the
death of Marcus Anthony Shannon in May 2009. (Doc. 1, p. 16).
Petitioner's case proceeded to a two-day bench trial and
petitioner was convicted of first degree murder in October
2010. (Doc. 1, p. 16; Doc. 26, pp. 10-11). Petitioner
represented himself at trial but had counsel at his
sentencing. (Doc. 1, p. 12; Doc. 26, Exh. A, pp. 13-14). On
April 8, 2011 petitioner was sentenced to serve forty-five
years in the Illinois Department of Corrections. (Doc. 21,
Exh. A, P. 10).
2012, the Illinois Appellate Court affirmed petitioner's
conviction. (Doc. 21, Exh. B)(People v. Barnes, No.
5-11-0246 (Ill.App.Ct. 2012)). Petitioner filed a petition
for leave to appeal (PLA) that was denied by the Illinois
Supreme Court in November 2012. (Doc. 21, Exh. C)(People
v. Barnes, No. 114973 (Ill. 2012)). Petitioner did not
file a petition for writ of certiorari in the United States
Supreme Court. (Doc. 1, p. 9). In May 2013, petitioner filed
a pro se state habeas complaint in the Circuit Court of
Madison County. (Doc. 1, p. 83). The trial court dismissed
the complaint, the appellate court affirmed the dismissal,
and the Illinois Supreme Court denied petitioner's
subsequent PLA on September 30, 2015. (Doc. 21, Exh. D,
E)(People v. Barnes, No. 119175 (Ill. 2015)).
2013, petitioner filed a motion to produce fingerprint and
DNA testing and in 2014 he filed two mandamus complaints in
the Circuit Court of Madison County. (Doc. 21, Exh. A, p. 13;
Exh. F; Exh. G)(Docket Sheet, Barnes v. Hackett, No.
2014 MR 42 (Cir. Ct. Madison Cnty.)); (Docket Sheet,
Barnes v. Crowder, No. 2014 MR 65 (Cir. Ct. Madison
Cnty.)). The trial court denied the motion for additional
testing and dismissed the mandamus complaints. Petitioner
unsuccessfully attempted to pursue these matters to the
Illinois Supreme Court. (Doc. 21, Exh. H; Exh I; Exh.
J)(People v. Barnes, No. 119471 (Ill.
2015));(Barnes v. Hackett, No. 119198 (Ill. 2015));
(Barnes v. Crowder, No. 118988 (Ill. 2015)).
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 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
retroactively applicable to cases on collateral review; or
(D) the date on which the factual predicate of the claim or
claims presented could have been discovered through the