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Tuesday, January 03, 2017

Ind. Decisions - 7th Circuit decides one Indiana case today, a prisoner appeal

In Duane Turner v. Richard Brown (SD Ind., Lawrence), a 9-page opinion, Judge Flaum writes:

Duane E. Turner has filed a petition for a writ of habeas corpus in federal court raising claims of ineffective assistance of counsel in challenging his sentence for murder. The district court denied his petition as untimely, concluding that the last day on which Turner could have filed his federal habeas petition was September 23, 1998, one year after his murder conviction and sentence became final. We granted a certificate of appealability, asking the parties to address whether Turner’s petition was timely filed under Jimenez v. Quarterman, 555 U.S. 113 (2009). For the reasons that follow, we affirm the district court’s denial of the petition as untimely, * * *

As the petition is time‐barred, we need not address the merits of Turner’s ineffective‐assistance claims.

Posted by Marcia Oddi on January 3, 2017 04:49 PM
Posted to Ind. (7th Cir.) Decisions