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Goodwin v. State

United States District Court, D. Nebraska

March 9, 2017

JORDAN GOODWIN, Petitioner,
v.
STATE OF NEBRASKA, Respondent.

          MEMORANDUM AND ORDER [*]

          Richard G. Kopf Senior United States District Judge

         This matter is before the court on Petitioner Jordan Goodwin's Petition for Writ of Habeas Corpus (“habeas petition”). (Filing No. 1.) Respondent argues that the habeas petition is barred by the limitations period set forth in 28 U.S.C. § 2244(d). (Filing No. 13; Filing No. 15.) The court agrees and will dismiss the habeas petition with prejudice.

         I. BACKGROUND

         On August 11, 2008, in the District Court of Douglas County, Nebraska, a jury found Petitioner guilty of second degree murder and use of a deadly weapon to commit a felony. (Filing No. 14-3 at CM/ECF p. 1.) The state district court sentenced Petitioner to 50 to 50 years for second degree murder and 10 to 10 years for use of a deadly weapon to commit a felony. (Id. at CM/ECF pp. 2.)

         On November 20, 2009, the Nebraska Supreme Court affirmed Petitioner's convictions and sentences on direct appeal. (Filing No. 14-1 at CM/ECF p. 2.); State v. Goodwin, 774 N.W.2d 733 (Neb. 2009).

         On August 20, 2012, Petitioner filed a motion for postconviction relief in the state district court. (Filing No. 14-4 at CM/ECF p. 1.) The district court denied postconviction relief without an evidentiary hearing. (Id. at CM/ECF pp. 31-38.)

         On June 14, 2016, the Nebraska Court of Appeals affirmed the state district court's denial of postconviction relief in a memorandum opinion. (Filing No. 14-2 at CM/ECF p. 3.); State v. Goodwin, 2016 WL 3512052 (Neb.App. 2016). On August 2, 2016, the Nebraska Supreme Court denied Petitioner's petition for further review. (Id.)

         Petitioner filed his habeas petition on August 15, 2016. (Filing No. 1.) Respondent filed a Motion for Summary Judgment, brief in support, and the relevant state court records. (Filing No. 13; Filing No. 14; Filing No. 15.) Petitioner filed a “Motion for evidentrary (sic) hearing” in response. (Filing No. 16.) Respondent notified the court that it did not intend to file a response. (Filing No. 18.) This matter is now fully submitted for disposition.

         II. ANALYSIS

         A. Statute of Limitations

         The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), 110 Stat. 1214, establishes a one-year limitation period for state prisoners to file for federal habeas relief that runs from the latest of four specified dates:

(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 ...

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