United States District Court, D. Delaware
HENRY A. DUHADAWAY, Petitioner,
PERRY PHELPS, Warden, and JOSEPH R. BIDEN, III, Attorney General of the State of Delaware, Respondents.
Henry A. Duhadaway. Pro se Petitioner.
Karen V. Sullivan, Deputy Attorney General of the Delaware Department of Justice, Wilmington, Delaware. Attorney for Respondents.
GREGORY M. SLEET, Chief District Judge.
Pending before the Court is an Application For A Writ Of Habeas Corpus Pursuant To 28 U.S.C. § 2254 ("Petition") filed by Petitioner Henry A. Duhadaway ("Petitioner"). (D.I. 1) For the reasons discussed, the Court will dismiss the Petition as time-barred by the limitations period prescribed in 28 U.S.C. § 2244.
On June 19, 2001, Delaware State Police Detective Michael Maher responded to the Child Advocacy Center in Milford, Delaware regarding an interview of a possible twelve-year-old victim. (D.I. 10 at 1) The victim told police that he had been molested by Petitioner. Detective Maher also recovered several computer disks from the victim's mother, which contained pornography. A second twelve-year-old victim told police that he had also been molested by Duhadaway. A thirty-one-year-old witness told police that Duhadaway molested him approximately eighty to ninety times when he was between the ages of fifteen and eighteen. Id.
On August 31, 2001, Petitioner was charged by information with twelve counts of first degree rape, and one count each of continuous sexual abuse of a child, obscenity, possession of a firearm by a person prohibited, possession of a hypodermic needle, and resisting arrest. ld at 2 A superseding indictment was obtained a few weeks later, charging Petitioner with twelve counts of first degree rape, and one count each of continuous sexual abuse of a child, providing obscenity to a minor, possession of firearm ammunition by a person prohibited, possession of a hypodermic needle, resisting arrest, and unlawful dealing in child pornography. See State v. Duhadaway, 2002 WL 32071666, at *1 (Del. Super. Ct. June 7, 2002). On February 22, 2002, Petitioner pled nolo contendere to second degree rape and unlawful dealing in child pornography, and the State nolle prossed the remaining charges. He was immediately sentenced that same day to a total of twenty-five years at Level V incarceration, suspended after fifteen years for a period of probation. Id. Petitioner did not appeal his convictions or sentences. (D.I. 1 at 2)
On March 20, 2002, Petitioner filed a motion for post-conviction relief pursuant to Delaware Superior Court Criminal Rule 61 ("Rule 61 motion"), which the Superior Court denied on June 7, 2002. See generally Duhadaway, 2002 WL 32071666. Petitioner appealed, and the Delaware Supreme Court affirmed the Superior Court's decision on September 24, 2002. See Duhadaway v. State, 807 A.2d 578 (Table), 2002 WL 31127536 (Del. Sept. 24, 2002).
On December 1, 2004, Petitioner filed his second Rule 61 motion. The Superior Court denied the motion, and the Delaware Supreme Court affirmed that decision on June 20, 2005. See Duhadaway v. State, 877 A.2d 52 (Table), 2005 WL 1469365 (Del. June 20, 2005).
Petitioner then filed his third Rule 61 motion in the Superior Court on January 25, 2010. See State v. Duhadaway, 2010 WL 1266857 (Del. Super. Ct. Mar. 31, 2010). The Delaware Supreme Court affirmed the Superior Court's denial of the motion on August 12, 2010. See Duhadaway v. State, 2 A.3d 74 (Table), 2010 WL 3187754 (Del. Aug. 12, 2010).
Petitioner filed the instant§ 2254 Petition in September 2010. (D.I. 1) The State filed an Answer, asserting that the Petition should be dismissed as time-barred or, alternatively, as meritless under § 2254(d). (D.I. 10)
III. AEDPA'S ONE YEAR STATUTE OF LIMITATIONS
The Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") was signed into law by the President on April 23, 1996. 28 U.S.C. § 2244(d)(1). AEDPA prescribes a one-year period of limitations for the filing of habeas ...