The opinion of the court was delivered by: JOEL PISANO, District Judge
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
For the reasons stated herein, the Petition must be dismissed
with prejudice as untimely. I. 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
(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.)
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.
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 ...