Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

PURKETT v. HENDRICKS

November 7, 2005.

TREVOR PURKETT, Petitioner,
v.
ROY L. HENDRICKS, et al., Respondents.



The opinion of the court was delivered by: JOEL PISANO, District Judge

OPINION

Petitioner Trevor Purkett, a prisoner currently confined at New Jersey State Prison, has submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The respondents are Warden Roy L. Hendricks and the Attorney General of the State of New Jersey.

For the reasons stated herein, the Petition must be dismissed with prejudice as untimely. I. BACKGROUND

  A. Factual Background

  The relevant facts are set forth in the opinion of the Superior Court of New Jersey, Appellate Division.*fn1

 
The State's case showed that on the night of February 18, 1994, defendant entered Muller's Star Liquor Store in Irvington and demanded money. He threatened to shoot someone if there was no money. Present in the store at the time were Dinesh Patel, his brother Bhavesh, and customers, Irene Giles and Durron McNeil. Defendant grabbed Bhavesh from behind and pointed the gun at his head. Dinesh walked toward defendant with his hands up and told Bhavesh in his Indian dialect to give defendant the money. Defendant pointed the gun at Dinesh and shot him in the head. Defendant fled the store, and Bhavesh called the police.
(Answer, Ex. F.)
 
Tried by a jury, [in the Superior Court of New Jersey, Law Division, Essex County,] defendant was found guilty of aggravated manslaughter as a lesser included offense of murder, felony murder, aggravated assault, robbery, possession of a weapon without a permit, and possession of a weapon for an unlawful purpose. Other related charges had been severed or dismissed by the judge. The judge merged the counts of aggravated manslaughter, robbery, and possession of a weapon for an unlawful purpose into the felony murder count and imposed a life term with a thirty-year parole disqualifier. He imposed a concurrent eighteen-month term with an eighteen-month parole disqualifier on the aggravated assault count and a concurrent five-year term with a two-and-a-half year parole disqualifier on the remaining weapons counts. The appropriate penalties were assessed.
(Answer, Ex. F.)

  B. Procedural History

  Petitioner appealed his conviction and sentence. On May 21, 1997, the Superior Court of New Jersey, Appellate Division, filed its Opinion affirming the conviction and sentence. By Order filed September 8, 1997, the Supreme Court of New Jersey denied certification. Petitioner did not petition the Supreme Court of the United States for a writ of certiorari.

  On July 14, 1998, Petitioner filed his first state court petition for post-conviction relief. (Answer, Ex. J at 4.) The trial court denied relief in an Order entered July 14, 2000. (Answer, Ex. I.) Petitioner appealed, and the Appellate Division affirmed the denial of relief by Opinion filed May 7, 2002. (Answer, Ex. L.) The Supreme Court of New Jersey denied certification by Order filed October 3, 2002.

  On March 25, 2003, this Court received Petitioner's Petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Petition is dated March 18, 2003.

  II. 28 U.S.C. § 2254

  As amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. § 2254 now provides, in pertinent part: (a) The Supreme Court, a Justice thereof, a circuit judge, or a district court shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.

  With respect to any claim adjudicated on the merits in state court proceedings, the writ shall not issue ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.