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Chrichlow v. Metzger

United States District Court, D. Delaware

September 17, 2018

KEINO S. CHRICHLOW, Petitioner,
v.
DANA METZGER, Warden, and ATTORNEY GENERAL OF THE STATE OF DELAWARE, Respondents.[1]

          Keino S. Chrichlow. Pro Se Petitioner.

          Elizabeth R. McFarlan, 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 Keino S. Chrichlow ("Petitioner"). (D.I. 1) The State has filed an Answer in Opposition. (D.I. 10) For the reasons discussed, the Court will dismiss the Petition as time-barred.

         II. BACKGROUND

         On December 26, 2006, Petitioner was indicted on sixteen counts of first degree robbery, two counts of possession of a firearm during the commission of a felony, and one count of second degree conspiracy. (D.I. 10 at 3) On June 1, 2007, a Delaware Superior Court jury convicted Petitioner on all of the charges. See State v. Chrichlow, 2011 WL 7063684, at *1 (Dec. 28, 2011). On October 19, 2007, the Superior Court granted, in part, Petitioner's motion for judgment of acquittal. See State v. Bridgers, 988 A.2d 939, 945 (Del. Oct. 19, 2007). As a result, the Superior Court entered judgments of not guilty on nine counts of first degree robbery, and - for the same counts - entered guilty verdicts on the lesser-included offense of aggravated menacing. (D.I. 10 at 3) The Superior Court sentenced Petitioner on November 30, 2007 to a total of 54 years of incarceration at Level V, and then resentenced Petitioner on January 17, 2008 to a reduced total of 20 years of incarceration at Level V. (D.I. 10 at 3)

         The State filed a notice of appeal, challenging the Superior Court's October 19, 2007 reduction of Petitioner's nine first degree robbery convictions to nine aggravated menacing convictions. See Chrichlow, 2011 WL 7063684, at *1. On March 30, 2009, the Delaware Supreme Court affirmed the Superior Court's October 19, 2007 judgment. See State v. Bridgers, 2009 WL 824536 (Del. March 30, 2009). Petitioner filed a pro se notice of appeal from his January 2008 sentencing order, which the Delaware Supreme Court dismissed as untimely. See Chrichlow v. State, 976 A.2d 171 (Table), 2009 WL 2027250, at *1 (Del. July 14, 2009).

         On January 26, 2010, Petitioner filed his first pro se motion for post-conviction relief pursuant to Delaware Superior Court Criminal Rule 61 ("Rule 61 motion"). (D.I. 10 at 4) The Superior Court denied the motion on December 28, 2011, and the Delaware Supreme Court affirmed that decision on July 30, 2012. See Chrichlow, 2011 WL 7063684, at *5; Chrichlow p. State, 49 A.3d 1192 (Table), 2012 WL 3089403 (Del. July 30, 2012).

         Petitioner filed his second Rule 61 motion on October 23, 2012. (D.I. 10 at 5) The Superior Court denied the motion on March 28, 2013. See State v. Chrichlow, 2013 WL 2423118 (Del. Super. Ct. Mar. 28, 2013). Petitioner did not appeal that decision.

         On April 21, 2014, Petitioner filed his third Rule 61 motion, which the Superior Court summarily dismissed on May 6, 2014. See State v. Chrichlow, 2014 WL 3563388 pel. Super. Ct. May 6, 2014). The Delaware Supreme Court affirmed that decision on August 26, 2014. See Chrichlow v. State, 100 A.3d 1020 (Table), 2014 WL 4243629 (Del. Aug. 26, 2014).

         The instant Petition is dated October 2015, and asserts that: (1) Petitioner was "denied due process and equal protection of the law" because trial counsel failed to (a) file a notice of appeal; (b) advise him of his right to appeal; and (c) order trial transcripts or borrow his co-defendant's copy of the trial transcripts; and (2) Petitioner was "denied equal protection of the law" because trial counsel failed to request, and the judge failed to give, an accomplice level of liability instruction pursuant to 11 Del. C. § 274.

         III. 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 ...


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