Colwell v. Tanner

79 F. App'x 89
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 9, 2003
DocketNo. 01-4032
StatusPublished
Cited by15 cases

This text of 79 F. App'x 89 (Colwell v. Tanner) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Colwell v. Tanner, 79 F. App'x 89 (6th Cir. 2003).

Opinion

OPINION

MOORE, Circuit Judge.

Petitioner-Appellant Dennis L. Colwell (“Colwell”) filed a petition for a writ of habeas corpus in the United States District Court for the Southern District of Ohio on December 28, 2000, after the expiration of the one-year statute of limitations period mandated by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). 28 U.S.C. § 2244(d). The district court accordingly dismissed the petition as untimely. Colwell appeals and claims that the district court should have tolled the one-year limitations period on equitable and/or statutory grounds because Colwell’s prior attorney incorrectly informed Colwell that the limitations peri[90]*90od had already run, and because Colwell’s limited eyesight prevented him from discovering the attorney’s mistake and filing a petition in a timely fashion. Because neither equitable tolling nor statutory tolling are appropriate here and because Col-well’s petition would still be untimely even if they were, we AFFIRM the district court’s dismissal of the petition for a writ of habeas corpus.

I.

Colwell pleaded guilty on December 1, 1995, to two counts of rape, two counts of gross sexual imposition, and one count of attempted rape, and was sentenced to fifteen to twenty-five years of imprisonment by the Court of Common Pleas of Licking County, Ohio. Following the imposition of the sentence, Colwell filed a motion on April 4, 1996, in the same trial court to withdraw his guilty plea and to receive a new trial. The trial court denied his motion via judgment entry dated April 18, 1996. He appealed on May 14, 1996, to the Fifth District Court of Appeals, which affirmed the trial court on December 9, 1996. State v. Colwell, No. 96-CA-65, 1996 WL 753167 (Ohio App. 5th Dist. Dec. 9, 1996). Colwell did not further appeal this decision to the Ohio Supreme Court.

On June 28, 1996, Colwell filed a collateral petition for post-conviction relief on the grounds of ineffective assistance of trial counsel in the Court of Common Pleas of Licking County. On August 13, 1996, the trial court denied this petition. On September 6, 1996, Colwell appealed to the Fifth District Court of Appeals, which affirmed the decision of the trial court on March 27, 1997. State v. Colwell, No. 96-CA-114, 1997 WL 219120 (Ohio App. 5th Dist. Mar. 27, 1997). On May 12, 1997, Colwell appealed to the Ohio Supreme Court, which declined jurisdiction over the appeal on July 31, 1997. State v. Colwell, 79 Ohio St.3d 1460, 681 N.E.2d 442 (1997). Thus, Colwell’s direct and collateral appeals terminated on July 31,1997.

In late 1997 or early 1998, Colwell contacted the law firm of Kura & Wilford to inquire into methods of securing his release from prison. On April 24, 1998, attorney Wilford sent Colwell a letter and a report, which concluded that even though “[a]ll of your issues ... would, in years past, have presented ripe fruit for a federal habeas corpus filing!,] • • • because of the one-year time limitation ... it is too late to litigate this issue in federal court.” Joint Appendix (“J.A.”) at 65 (Wilford Letter). This guidance turned out to be incorrect; in April 1998, Colwell had more than three months left to petition the federal district court for a writ of habeas corpus.

Of particular additional relevance is Col-well’s severe eyesight problem. The Ohio Department of Rehabilitation and Corrections considers Colwell to be legally blind, and although Colwell does not completely lack the ability to see, he has extreme difficulty reading and his deteriorating eyesight causes him pain. Colwell alleges that his eyesight prevented him from reading books, statutes, or forms that would have allowed him to double-check Wilford’s work and uncover the error. He also claims that the prison library did not have any Braille or other services to assist the blind in conducting legal research. However, Colwell did rely on outside assistance for reading in the past, as Colwell’s mother read him Wilford’s letter when it arrived.

Colwell hired present counsel at some point in the summer of 1999. Colwell contends that his present counsel did not discover the letter from Wilford until January 2000, which delayed the filing of his habeas petition until December 29, 2000, nearly three-and-a-half years after the conclusion of his collateral state appeal. The district court rejected Colwell’s petition as untime[91]*91ly and did not believe that equitable tolling applied. Colwell filed a notice of appeal, which the district court “construe[d] as a request for a certificate of appealability.” J.A. at 20 (Dist. Ct. Op. & Order). The district court granted a certificate of appealability (“COA”), because it concluded that “jurists of reason would find it debatable whether the Court was correct in its ruling that equitable tolling should not apply and that the petition was barred by the statute of limitations.” J.A. at 25(COA) (citing Slack v. McDaniel, 529 U.S. 473, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000)). The district court had proper jurisdiction under 28 U.S.C. § 2254(a), and we have jurisdiction to hear an appeal on the issue raised by the COA under 28 U.S.C. § 2253(c).

II.

Generally, we review de novo a district court’s decision to deny a writ of habeas corpus. Northrop v. Trippett, 265 F.3d 372, 376 (6th Cir.2001). A district court’s factual findings are not disturbed unless they are clearly erroneous. Sawyer v. Hofbauer, 299 F.3d 605, 608 (6th Cir.2002). We review de novo a district court’s decision not to apply the doctrine of equitable tolling when the facts are undisputed or when equitable tolling is unavailable as a matter of law. Dunlap v. United States, 250 F.3d 1001, 1007, 1008 & n. 2 (6th Cir.2001). Because the relevant facts are undisputed here, de novo review is the proper standard.

Congress placed a one-year statute of limitations on habeas petitions brought by state prisoners under AEDPA. 28 U.S.C. § 2244(d)(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 statute of limitations commences in this case on “the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review.” 28 U.S.C. § 2244(d)(1)(A). The statute of limitations can be equitably or statutorily tolled, Griffin v. Rogers, 308 F.3d 647, 651 (6th Cir.2002), but tolling does not expand the limitations period beyond its statutorily mandated boundaries; it merely stops the clock from running during the tolling period.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Thomas v. Dotson
E.D. Virginia, 2025
Harris 476889 v. Morrison
W.D. Michigan, 2023
Carpenter v. Clarke
E.D. Virginia, 2022
Prescott v. Chapman
E.D. Michigan, 2022
Dwight Taylor v. Carmen Palmer
623 F. App'x 783 (Sixth Circuit, 2015)
Eberle v. Warden, Mansfield Correctional Institution
532 F. App'x 605 (Sixth Circuit, 2013)
Humphreys v. United States
238 F. App'x 134 (Sixth Circuit, 2007)
Goins v. Saunders
206 F. App'x 497 (Sixth Circuit, 2006)
Martin v. Hurley
150 F. App'x 513 (Sixth Circuit, 2005)
Colwell v. Collins, Warden
541 U.S. 974 (Supreme Court, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
79 F. App'x 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colwell-v-tanner-ca6-2003.