United States District Court, D. Delaware
JAMES P. KALIL, Petitioner,
DANA METZGER, Warden, and ATTORNEY GENERAL OF THE STATE OF DELAWARE, Respondents.
P. Kalil. Pro Se Petitioner.
T. Knoll, Deputy Attorney General of the Delaware Department
of Justice, Wilmington, Delaware. Attorney for Respondents.
U.S. District Judge.
before the Court is an Application for a Writ of Habeas
Corpus Pursuant to 28 U.S.C. § 2254 filed by Petitioner
James P. Kalil ("Petitioner"). (D.I. 3) The State
has filed an Answer in Opposition. (D.I. 14) For the reasons
discussed, the Court will dismiss the Petition as time-barred
under by the limitations period prescribed in 28 U.S.C.
was indicted on one count of first degree murder and one
count of possession of a deadly weapon during the commission
of a felon ("PDWDCF") in May 2010. (D.I. 16, Del.
Super. Ct. Crim. Dkt. Entry No. 6) On June 22, 2011,
Petitioner pled guilty to the lesser-included offense of
manslaughter and PDWDCF. (D.I. 14 at 1) On December 2, 2011,
the Superior Court sentenced him to a total of 24 years at
Level V imprisonment, suspended after 14 years, for three
years of decreasing levels of supervision. (D.I. 14 at 2)
Petitioner did not file a direct appeal.
filed a motion for reduction of sentence pursuant to Delaware
Superior Court Rule 35 on February 16, 2012. (D.I. 16, Del.
Super. Ct. Crim. Dkt. Entry No. 38) The Superior Court denied
the motion on March 29, 2012. (D.I. 16, Del. Super. Ct. Crim.
Dkt, Entry No. 39)
filed a motion for post-conviction relief pursuant to
Delaware Superior Court Criminal Rule 61 ("Rule 61
motion") on November 27, 2012. (D.I. 16, Del. Super. Ct.
Crim. Dkt. Entry No. 40) The Superior Court denied the motion
on October 30, 2013, and the Delaware Supreme Court affirmed
that decision on June 16, 2014. (D.I. 16, Del. Super. Ct.
Crim. Dkt. Entry No. 55); see Kalil v. State, 93
A.2d 654 (Table), 2014 WL 2568029 (Del. June 5, 2014).
December 22, 2014, Petitioner filed a motion for correction
of illegal sentence. (D.I. 16, Del. Super. Ct. Crim. Dkt.
Entry Nos. 59 & 60) The Superior Court denied
the motion on January 15, 2015. (D.I. 16, Del. Super. Ct.
Crim. Dkt. Entry Nos. 59 & 60)
instant Petition is dated March 2015 and asserts that: (1)
the Superior Court abused its discretion by denying
Petitioner's request for a continuance and defense
counsel's motion to withdraw so that Petitioner could
retain new counsel; (2) the Superior Court abused its
discretion by making improper comments which, in turn,
coerced Petitioner to enter a guilty plea; (3) defense
counsel provided ineffective assistance by failing to prepare
Petitioner to testify at trial; (4) defense counsel was
ineffective for failing to preserve exculpatory evidence; and
(5) defense counsel provided ineffective assistance by
failing to provide Petitioner with the opportunity to review
all discovery materials in a timely fashion.
ONE YEAR STATUTE OF LIMITATIONS
Antiterrorism and Effective Death Penalty Act of 1996
("AEDPA") was signed into law on April 23, 1996. 28
U.S.C. § 2244(d)(1). 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) die date on which the judgment became final by the
conclusion of direct review or the expiration of the time ...