Michael Nichols v. Michael Bowersox

172 F.3d 1068, 1999 WL 203482
CourtCourt of Appeals for the Eighth Circuit
DecidedApril 13, 1999
Docket97-3639, 97-3640
StatusPublished
Cited by4 cases

This text of 172 F.3d 1068 (Michael Nichols v. Michael Bowersox) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michael Nichols v. Michael Bowersox, 172 F.3d 1068, 1999 WL 203482 (8th Cir. 1999).

Opinions

McMILLIAN, Circuit Judge.

In these consolidated cases, Michael Nichols and Richard L. Crane (together [1070]*1070referred to as “petitioners”) appeal from final judgments entered in the United States District Court for the Western District of Missouri dismissing their respective petitions for writs of habeas corpus filed pursuant to 28 U.S.C. § 2254. Nichols v. Bowersox, No. 97-0666-CV-W-3-P (W.D.Mo. Aug. 20, 1997); Crane v. Dormire, No. 97-0673-CV-W-3-P (W.D.Mo. Aug. 20, 1997). For reversal, they argue that the district court erred in dismissing their petitions as untimely filed under the one-year period of limitation imposed by 28 U.S.C. § 2244(d), which was enacted as part of the Anti-terrorism and Effective Death Penalty Act of 1996 (“AEDPA”). In an earlier proceeding, a divided panel of this court reversed the judgments of the district court and remanded each case to the district court for further proceedings. However, this court subsequently vacated the panel opinion and granted the suggestion for rehearing en banc filed by Michael Bowersox and Dave Dormiré (together referred to as “respondents”). Upon consideration by the full court and for the reasons stated below, we reverse the judgments of the district court and remand for further proceedings consistent with this opinion.

Jurisdiction in the district court was based upon 28 U.S.C. §§ 1331, 2254. Jurisdiction in this court is based upon 28 U.S.C. §§ 1291, 2253(a).

Background

Nichols v. Bowersox

Petitioner Nichols is currently serving, among other sentences, a sentence of life imprisonment without the possibility of parole for first degree murder. He was convicted of first degree murder in the Circuit Court of Jackson County, Missouri, and his conviction was affirmed on appeal by the Missouri Court of Appeals on February 20, 1996. State v. Nichols, 915 S.W.2d 795 (Mo.Ct.App.1996) (per curiam). Nichols did not file a petition for a writ of certiorari in the United States Supreme Court. The mandate in his criminal case issued on April 11,1996.

Nichols, acting pro se, filed his § 2254 petition for a writ of habeas corpus through the prison mail system. He signed the petition on April 21, 1997. It was “provisionally filed” by the district court clerk’s office on April 28, 1997. On May 30, 1997, the district court dismissed Nichols’ petition for failure to correct technical defects. On June 16, 1997, the district court reopened the case, denied Nichols leave to proceed in forma pauperis, and ordered him to pay the filing fee. Nichols paid the filing fee, which was received by the district court on July 15, 1997. In the meantime, respondent Bow-ersox moved to dismiss the petition as untimely filed under 28 U.S.C. § 2244(d). On August 19, 1997, the district court granted Bowersox’s motion to dismiss. The district court issued a certificate of appealability on the question of “whether the prison mailbox rule announced in Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988), should now apply to the filing of habeas corpus petitions.” 2 Nichols appealed.

[1071]*1071 Crane v. Dormire

Petitioner Crane was convicted on December 3, 1992, in the Circuit Court of Jasper County, Missouri, of second degree burglary and stealing and was sentenced to prison terms of twenty years and one year, respectively. The Missouri Court of Appeals affirmed his conviction on June 28, 1994. The mandate in his criminal case issued on July 14,1994.

Crane, acting pro se, filed his § 2254 petition for a writ of habeas corpus through the prison mail system. He signed the petition on April 20, 1997. It was “provisionally filed” by the district court clerk’s office on April 29, 1997. On June 30, 1997, the district court granted Crane leave to proceed informa pauperis. On July 14, 1997, respondent Dormiré moved to dismiss Crane’s petition as untimely filed under 28 U.S.C. § 2244(d). The district court granted Dormire’s motion to dismiss on August 19, 1997. The district court issued a certificate of appeal-ability on the question of “whether the prison mailbox rule announced in Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988), should now apply to the filing of habeas corpus petitions.” Crane appealed.

Discussion

Section 2244(d)

On April 24, 1996, a one-year period of limitation for filing habeas petitions went into effect as part of the AEDPA. 28 U.S.C. § 2244(d). The statute provides:

(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 exercise of due diligence. (2) The time during which a properly
filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.

28 U.S.C. § 2244(d). Prior to the 1996 enactment of the AEDPA, no statutory period of limitation was imposed for filing habeas petitions in federal court pursuant to § 2254.3

Determination of triggering date under § 2244(d)(1)(A)

The one-year limitation period imposed by 28 U.S.C. § 2244(d)(1) begins to run on the latest of several possible triggering [1072]*1072dates.

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Bluebook (online)
172 F.3d 1068, 1999 WL 203482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-nichols-v-michael-bowersox-ca8-1999.