United States District Court, E.D. Kentucky, Southern Division, Pikeville
REPORT AND RECOMMENDATION
Candace J. Smith United States Magistrate Judge
Kathy Williams, by and through counsel, filed a Petition for
a Writ of Habeas Corpus under 28 U.S.C. § 2254. (R. 1).
In conducting a preliminary review of the § 2254
Petition pursuant to Rule 4 of the Rules Governing Section
2254 Cases in the United States District Courts, it appeared
that the Petition may be time-barred. Consequently,
Petitioner was ordered to show cause as to why the Petition
should not be dismissed as time-barred or to submit any
information supporting equitable tolling of the statute of
limitations. (See R. 3).
filed a Response to Order to Show Cause, conceding the
untimeliness of the Petition but asserting that the statute
of limitations should be equitably tolled due to the failure
of her counsel to correctly apply then recent Sixth Circuit
precedent clarifying the deadline for filing federal habeas
petitions. (R. 7). The Warden, in turn, filed a Response to
Petitioner's Show Cause Filing (R. 11), to which
Petitioner filed a Response to the Warden's Response,
which the Court construes as Petitioner's Reply. (R. 12).
review and consideration of the briefing submitted by both
parties on the issue of the Petition's untimeliness, the
Court finds that equitable tolling is not warranted in this
case. Therefore, it will be recommended that the Petition (R.
1) be dismissed.
FACTUAL AND PROCEDURAL HISTORY
January 12, 2004, Kathy Williams was indicted for murder.
Williams v. Commonwealth of Kentucky, No.
2005-SC-000472-MR, 2007 WL 3225435, at *2 (Ky. Nov. 1, 2007).
On April 22, 2005, following a trial by jury, Williams was
convicted of murder and sentenced to life in prison.
Williams v. Commonwealth, No. 2013-CA-001948-MR,
2015 WL 3429399, at *1 (Ky. Ct. App. May 29, 2015). Williams
appealed her conviction to the Supreme Court of Kentucky,
which entered a judgment affirming the conviction on November
1, 2007. Williams, 2007 WL 3225435. Then, on May 27,
2008, Williams filed a pro se motion to vacate, set
aside, or correct her sentence under Kentucky Rule of
Criminal Procedure (“RCr”) 11.42.
Williams, 2015 WL 3429399, at *1. The trial court
later appointed counsel and held an evidentiary hearing on
the motion. Id. On March 1, 2013, the trial court
denied her RCr 11.42 motion, and Williams filed a motion to
reconsider pursuant to Kentucky Criminal Rule 59.05, which
was denied on September 4, 2013. Id. Williams then
appealed the trial court's denial of her RCr 11.42 motion
to the Kentucky Court of Appeals, which affirmed on May 29,
2015. Id. The Kentucky Supreme Court denied
discretionary review of the motion on April 27, 2016.
Williams v. Commonwealth, No. 2015-SC-000346-D, 2016
Ky. LEXIS 195 (Ky. Apr. 27, 2016). Williams, represented by
counsel, filed the instant Petition for Writ of Habeas Corpus
under 28 U.S.C. § 2254 on January 17, 2017. (R. 1).
Williams's § 2254 Petition was untimely
Petition is governed by the Antiterrorism and Effective Death
Penalty Act (AEDPA) which establishes a one-year statute of
limitations for filing a federal petition for writ of habeas
corpus. See 28 U.S.C. § 2244(d). The statute
(1) A 1-year period of limitation shall apply to an
application for a writ of habeas corpus by a person in
custody pursuant to the judgment of a State court. The
limitation period shall 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