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Kalil v. Metzger

United States District Court, D. Delaware

March 22, 2018

JAMES P. KALIL, Petitioner,
v.
DANA METZGER, Warden, and ATTORNEY GENERAL OF THE STATE OF DELAWARE, Respondents.[1]

          James P. Kalil. Pro Se Petitioner.

          Maria T. Knoll, Deputy Attorney General of the Delaware Department of Justice, Wilmington, Delaware. Attorney for Respondents.

          MEMORANDUM OPINION

          STARK, U.S. District Judge.

         I. INTRODUCTION

         Pending 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. § 2244.

         II. BACKGROUND

         Petitioner 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.

         Petitioner 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)

         Petitioner 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).

         On 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)

         The 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.

         III. ONE YEAR STATUTE OF LIMITATIONS

         The 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 ...

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