Jupp v. Haynes

CourtDistrict Court, E.D. Washington
DecidedFebruary 20, 2025
Docket2:24-cv-00127
StatusUnknown

This text of Jupp v. Haynes (Jupp v. Haynes) is published on Counsel Stack Legal Research, covering District Court, E.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jupp v. Haynes, (E.D. Wash. 2025).

Opinion

FILED IN THE 2 EASTERU N. S D. I SD TI RS IT CR TI C OT F C WO AU SR HT I NGTON

Feb 20, 2025 3 SEAN F. MCAVOY, CLERK 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF WASHINGTON 6 EUGENE ALEC JUPP, No. 2:24-CV-127-MKD 7 Petitioner, ORDER DISMISSING HABEAS 8 PETITION v. 9 ECF No. 3 RON HAYNES, 10 Respondent. 11 Before the Court is Petitioner’s Amended Petition Under 28 U.S.C. § 2254 12 for Writ of Habeas Corpus. ECF No. 3. The Court has reviewed the briefing and 13 the record and is fully informed. For the following reasons, the Court dismisses 14 the petition with prejudice. 15 BACKGROUND 16 A. Direct Appeal 17 On February 21, 2019, a jury found Petitioner guilty of murder in the 18 second degree (Count 1). ECF No. 23-1 at 2, 4. The Spokane County Superior 19 Court of Washington sentenced Petitioner to 300 months of imprisonment. ECF 20 No. 23-1 at 6. Petitioner, through appointed appellate counsel, appealed the 1 October 13, 2020, judgment, claiming errors in during trial and at sentencing. 2 ECF No. 23-1 at 85-123; ECF No. 3 at 3 ¶ 9. While the appeal was pending,

3 Petitioner was permitted to file a statement of additional grounds for review in 4 addition to the briefing submitted by counsel. See generally ECF No. 23-1 at 125- 5 166. The Washington State Court of Appeals affirmed the judgment on July 7,

6 2020. Id. at 232. Because Petitioner did not seek discretionary review from the 7 Washington State Supreme Court, the Washington State Court of Appeals issued 8 its mandate on October 14, 2020. Id. at 342. 9 B. Personal Restraint Petitions

10 On October 13, 2021, one day prior to the expiration of the one-year 11 deadline to file for collateral relief, Petitioner filed a Personal Restraint Petition 12 raising several claims based on ineffective assistance of counsel and denial of a

13 fair trial. ECF No. 23-1 at 292-297. The Washington State Court of Appeals 14 ultimately dismissed the Personal Restraint Petition without prejudice on 15 December 17, 2021, concluding the Court may not waive the time-bar. ECF No.

16 23-1 at 303-307. 17 On January 14, 2022, Petitioner filed a Motion for Discretionary Review 18 with the Washington State Supreme Court. ECF No. 23-1 at 309. The 19 Washington State Supreme Court denied review on February 23, 2022. Id. at 353.

20 1 The Washington State Court of Appeals issued a Certificate of Finality dismissing 2 Petitioner’s Personal Restraint Petition on April 28, 2022. Id. at 356.

3 Nearly seven months later, Petitioner filed a second Personal Restraint 4 Petition with the Washington State Court of Appeals on October 6, 2022. ECF 5 No. 23-1 at 362. On August 24, 2023, the Washington State Court of Appeals

6 dismissed Petitioner’s second Personal Restraint Petition as time-barred and found 7 that it failed to meet the requirements for equitable tolling. ECF No. 23-2 at 412- 8 415.1 Petitioner again sought discretionary review from the Washington State 9 Supreme Court on September 21, 2023. Id. at 417. On December 29, 2023, the

11 1 Petitioner raised claims of “ineffective assistance of counsel based on failure to 12 investigate, ineffective assistance for failure to request a Daubert hearing, 13 ineffective assistance for failure to object to several matters of evidence at trial, 14 ineffective assistance for failure to object to prosecutorial misconduct at trial, the 15 court forcing defense counsel to trial and a CrR 3.5 hearing without sufficient time

16 to prepare, withholding of discovery by the State when the State served its 17 motions in limine on the first day of trial, that the court erred in not dismissing a 18 juror for misconduct, that the jury did not represent a fair cross section of the 19 community, that the State engaged in several instances of misconduct during the

20 trial[.]” ECF No. 23-1 at 413-14 (as written). 1 Washington State Supreme Court denied Petitioner’s motion, concluding 2 Petitioner failed to show a justification for equitable tolling. Id. at 572-574

3 (rejecting Petitioner’s asserted grounds of losing “considerable” prison library and 4 research time and awaiting discovery and a client file from his prior attorney). 5 Petitioner filed a motion to modify the ruling of the Washington State Supreme

6 Court on February 22, 2024, id. at 576, which was denied on April 10, 2024, id. at 7 596. The dismissal of Petitioner’s second Personal Restraint Petition became final 8 on April 15, 2024. Id. at 598. 9 C. Federal Habeas Petition

10 Petitioner filed his original petition on April 17, 2024. ECF No. 1. On 11 April 30, 2024, Petitioner filed the instant amended petition, raising four grounds 12 for relief. ECF No. 3. The Court reviewed the petition and concluded the statute

13 of limitations for filing for habeas relief expired on August 6, 2021. ECF No. 4 at 14 6. The Court ordered Petitioner to show cause as to why the Court should not 15 dismiss the petition as time barred. Id. Petitioner replied, ECF No. 5, and the

16 Court reaffirmed that the instant Petition would be time-barred unless Petitioner 17 can show a basis for equitable tolling. ECF No. 6 at 2. After the Court directed 18 service of the Petition, Respondent filed a response on October 29, 2024, arguing 19 the Petition is untimely under 28 U.S.C. § 2244(d). ECF No. 22. Petitioner filed

20 a Reply on November 27, 2024. ECF No. 24. 1 DISCUSSION 2 Because the Court has previously determined that the Petition is untimely,

3 see ECF No. 4 at 6; ECF No. 6 at 3, the question presented is whether the Petition 4 is nevertheless entitled to equitable tolling. As discussed below, the Court 5 concludes it is not.

6 A. Legal Standard 7 “A petitioner seeking equitable tolling bears the burden of establishing two 8 elements: (1) that he has been pursuing his rights diligently, and (2) that some 9 extraordinary circumstance stood in his way and prevented timely filing.” Smith

10 v. Davis, 953 F.3d 582, 588 (9th Cir. 2020) (en banc) (cleaned up). Further, there 11 must be a causal link between the extraordinary circumstance and the inability to 12 timely file the petition. Sossa v. Diaz, 729 F.3d 1225, 1229 (9th Cir. 2013). A

13 petitioner “bears the burden of showing that this extraordinary exclusion should 14 apply to him.” Miranda v. Castro, 292 F.3d 1063, 1065 (9th Cir. 2002). 15 B. Analysis

16 Liberally construing Petitioner’s argument, see Capp v. Cnty. of San Diego, 17 940 F.3d 1046, 1052 (9th Cir. 2019), Petitioner appears to assert the following 18 grounds as bases for equitable tolling. ECF No. 24 at 9. 19 First, Petitioner points to the “effect of the COVID-19 pandemic on his

20 case.” Id. Petitioner alleges this hindered his efforts to request evidence. Id. at 1 10. Respondent counters that “[g]eneralized prison conditions during COVID-19 2 failed to create extraordinary circumstances warranting tolling.” ECF No. 22 at

3 16-19; see, e.g., Brown v. Davis, 482 F. Supp. 3d 1049, 1060 (E.D. Cal. Aug. 27, 4 2020); McWhorter v. Davis, 493 F. Supp. 3d 871, 881 (E.D. Cal. Oct. 7, 2020); 5 Burns v. Shinn, 2022 WL 1540091, at *4 (D. Ariz. May 16, 2022); Elam v.

6 Johnson, 2024 WL 3540522, at *2-3 (D. Nev. Jul. 23, 2024).

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Jupp v. Haynes, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jupp-v-haynes-waed-2025.