DAVIS v. THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY

District Court, D. New Jersey·Decided February 27, 2020·No. 3:18-cv-04260·Unknown

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY _________________________________________ JULIUS DAVIS, : : Petitioner, : Civ. No. 18-4260 (FLW) : v. : : GEORGE ROBINSON et al., : OPINION : Respondents. : _________________________________________ :

FREDA L. WOLFSON, U.S.D.J. I. INTRODUCTION This matter has been opened to the Court by Respondents’ filing of a motion to dismiss the instant Petition as untimely under the one-year limitations period established by The Anti- Terrorism and Effective Death Penalty Act (“AEDPA”). (ECF No. 16.) Petitioner Julius Davis (“Petitioner” or “Davis”) acknowledges that his Petition is untimely but is seeking to excuse the Petition’s untimeliness based on the actual innocence exception to procedural default recognized in Schlup v. Delo, 513 U.S. 298 (1995), and extended to include time-barred petitions in McQuiggin v. Perkins, 569 U.S. 383 (2013). For the reasons explained in this Opinion, the Court finds Petitioner has not presented new reliable evidence of his actual innocence; the Court will, therefore, grant the motion to dismiss, dismiss the Petition as untimely, and deny a Certificate of Appealability (“COA”). II. FACTUAL BACKGROUND AND PROCEDURAL HISTORY The following factual summary of the underlying crime and Petitioner’s state court proceedings is taken from the New Jersey Appellate Division Opinion affirming Petitioner’s conviction and sentence. On April 29, 2002, at about 11:30 p.m., Detective James McMillan (McMillan) of the Trenton Police Department was dispatched to a residence on Houghton Avenue based on a report that a woman had been shot. When McMillan arrived, he observed seventeen-year-old Rasheeda Hightower lying on the ground. She had suffered a fatal gunshot wound to the head. Several police officers were also present, and McMillan was advised that Rashaad Williams (Williams), the victim’s brother and a witness to the shooting, was in custody in the back of a patrol vehicle. McMillan testified that Williams was “violently upset and acting out, and it was determined that he needed to be placed in custody in order to get some kind of control over him.” The officers canvassed the area for witnesses and transported several witnesses to police headquarters to be interviewed. Following the initial investigation, two suspects were identified, defendant1 and his cousin, co-defendant Andre Jones. After obtaining an arrest warrant for Jones, the police took him into custody and advised him of his Miranda rights. He waived his rights and agreed to provide a statement to the police. However, McMillan subsequently learned the information Jones provided was not entirely accurate and two days later, when he questioned Jones again, Jones provided a second statement. In his second statement, Jones said he believed his cousin fired a gun into the air to clear the crowd so he and Williams could have a “straight up fight.” However, at trial, Jones acknowledged he did not want to testify against his cousin, and he claimed he was “under a lot of pressure” when he gave his statements to McMillan. During the trial, Cicely Jackson, Williams’s girlfriend, testified she lived on Houghton Avenue with Williams and her two children when the shooting occurred. Jackson explained that several people were at her home at the time: Rasheeda Hightower (the victim), and her brother, Rashaad Williams; Jackson’s two children; a neighbor named Rory; Jackson’s two brothers; and two friends of Williams. Jackson also testified that prior to the shooting, the adults were drinking beer, smoking marijuana, and using cocaine. In addition, Jackson testified that at about 9:40 p.m., Rory told her to go outside because Williams was arguing with Jones, defendant’s cousin. When the argument between Williams and Jones escalated into a physical altercation, Jackson’s brothers “jumped in the fight.” The fight ended when Jones got in his car and drove off stating, “I’ll be back.”

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DAVIS v. THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY, (D.N.J. 2020).

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