United States District Court, D. Delaware
Washington. Pro se Petitioner.
Kathryn Joy Garrison, Deputy Attorney General of the Delaware
Department of Justice, Wilmington, Delaware. Attorney for
ANDREWS, UNITED STATES DISTRICT JUDGE
Tyrone Washington 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. 1) The
State filed a Motion for Leave to File a Motion to Dismiss
the Petition as Time-Barred (D.I. 12) simultaneously with the
proposed Motion to Dismiss (D.I. 12-1). Petitioner filed a
Reply in Opposition to the Motion to Dismiss. (D.I. 18) For
the reasons discussed, the Court will grant the State's
Motion for Leave to File a Motion to Dismiss and its Motion
to Dismiss (D.I. 12; D.I. 12-1), and deny the Petition as
barred by the limitations period prescribed in 28 U.S.C.
2000, a Delaware Superior Court jury convicted Petitioner of
six counts each of trafficking in cocaine and delivery of
cocaine; multiple counts of maintaining a vehicle and a
dwelling for keeping controlled substances; and other drug
related charges. (D.I. 12-1 at 2); see also Washington v.
State, 788 A.2d 132 (Table), 2001 WL 1586865, at *1
(Del. Dec. 6, 2001). The Superior Court sentenced him on
November 11, 2000 to a total of eighty-eight years at Level
V, to be suspended after sixty-five mandatory years and
successful completion of the Key drug treatment program,
followed by probation. (D.I. 12-1 at 2) Petitioner appealed,
and the Delaware Supreme Court affirmed Petitioner's
convictions and sentences on December 6, 2001. See
Washington, 2001 WL 1586865, at *2.
January 17, 2014, Petitioner filed in the Superior Court a
motion for postconviction relief pursuant to Delaware
Superior Court Criminal Rule 61 ("Rule 61 motion").
(D.I. 16-11 at 9, Entry No. 104) The Superior Court denied
the Rule 61 motion on September 21, 2016, and the Delaware
Supreme Court affirmed that decision on May 2, 2016. See
State v. Washington, 2016 WL 5239644, at 14 (Del. Super.
Ct. Sept. 21, 2016); Washington v. State, 169 A.3d
353 (Table), 2017 WL 3096227, at *1 (Del. July 20, 2017).
filed the instant Petition in September 2017, asserting,
inter alia, violations of Brady v.
Maryland, 373 U.S. 83 (1963), prosecutorial misconduct,
and several instances of ineffective assistance of counsel.
ONE YEAR STATUTE OF LIMITATIONS
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