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Windsor v. Metzger

United States District Court, D. Delaware

November 21, 2017

WILLIAM WINDSOR, Petitioner,
v.
DANA METZGER, Warden, and ATTORNEY GENERAL OF THE STATE OF DELAWARE, Respondents.[1]

          William Windsor. Pro se Petitioner.

          Kathryn Joy Garrison, Deputy Attorney General of the Delaware Department of Justice, Wilmington, Delaware. Attorney for Respondents.

          MEMORANDUM OPINION

          ANDREWS, UNITED STATES DISTRICT JUDGE

         Petitioner William Windsor ("Petitioner") is an inmate in custody at the James T. Vaughn Correctional Center in Smyrna, Delaware. Petitioner filed an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 ("Petition"). (D.I. 2) The State filed an Answer in opposition. (D.I. 13) For the reasons discussed, the Court will deny the Petition as barred by the limitations period prescribed in 28 U.S.C. § 2244.

         I. BACKGROUND

         Petitioner was indicted in February 2013 on 160 counts of various sexual offenses involving the two daughters of his girlfriend. (D.I. 16-4 at 3); see State v. Windsor, 2015 WL 1455602, at *1 (Del. Super. Ct. Mar. 25, 2015). On September 9, 2013, Petitioner pled guilty to one count of second degree rape and no contest to one count of continuous sexual abuse of a child. See Windsor v. State, 100 A.3d 1022 (Table), 2014 WL 4264915, at *1 (Del. Aug. 28, 2014). The Superior Court sentenced him on December 13, 2013 to twenty-five years at Level V imprisonment, suspended after twenty years for decreasing levels of supervision for the second degree rape conviction, and to twenty-five years of Level V supervision, suspended after two years for decreasing levels of supervision, for the continuous abuse of a child conviction. Id. at *2. Petitioner appealed, and the Delaware Supreme Court affirmed his convictions and sentences on August 28, 2014. Id. at *6.

         On February 23, 2015, Petitioner filed a motion for postconviction relief pursuant to Delaware Superior Court Criminal Rule 61 ("Rule 61 motion"). The Superior Court denied the Rule 61 motion (D.I. 16-11 at 9; D.I. 16-12 at 4), and the Delaware Supreme Court affirmed that decision on September 25, 2015. See Windsor, 2015 WL 1455602, at *6; Windsor v. State, 124 A.3d 1016 (Table), 2015 WL 5679751, at *4 (Del. Sept. 25, 2015).

         Petitioner filed the instant Petition in July 2016, asserting the following grounds for relief: (1) the police violated his Fourth Amendment rights by taking him into custody without an arrest warrant; (2) the indictments were multiplicitous and violated the Double Jeopardy clause; (3) the Equal Protection and Double Jeopardy Clauses were violated because Petitioner thought he was pleading guilty to an "A" case charge, but a "B" case charge had mistakenly been transferred to the "A" case; (4) he is actually innocent; (5) defense counsel provided ineffective assistance; and (6) the Superior Court violated Petitioner's Sixth and Fourteenth Amendment rights by denying his pro se motion to withdraw his plea.

         II. ONE YEAR STATUTE OF LIMITATIONS

         AEDPA prescribes a one-year period of limitations for the filing of habeas petitions by state prisoners, which begins to run from 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 ...

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