The opinion of the court was delivered by: Mary L. Cooper United States District Judge
Troy Conover, a prisoner incarcerated at Middlesex County Adult Correction Center, filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254(a) challenging a conviction entered in the Superior Court of New Jersey, Middlesex County, on September 28, 1998. For the reasons expressed below, and because the Petition, as drafted and read in light of the pertinent state court decisions, shows that Petitioner's claims are time-barred, the Court will dismiss the Petition as untimely and deny a certificate of appealability.
Petitioner challenges a judgment of conviction entered in state court on September 28, 1998, based on his plea of guilt to first-degree aggravated sexual assault, N.J.S.A. § 2C:14-2(a), third-degree burglary, N.J.S.A. § 2C:18-2, and second-degree sexual assault, N.J.S.A. § 2C:14-2(c). (Pet. ¶¶ 1-6.) See State v. Conover, 2008 WL 2229210 (N.J. App. Div., June 2, 2008). After denying Petitioner's motion to withdraw the plea, the trial court imposed an aggregate nine-year prison sentence. Id. The Appellate Division affirmed on or about June 22, 1999. Id.
Petitioner petitioned for post-conviction relief in early 2004. The trial court denied relief on or about September 19, 2005, and Petitioner appealed, arguing that trial counsel was constitutionally ineffective during plea negotiations, resulting in his unknowing guilty plea, and appellate counsel was deficient in failing to challenge the denial of Petitioner's request to withdraw the guilty plea. See Conover, 2008 WL 2229210, at *1. On June 2, 2008, the Appellate Division affirmed for the reasons expressed by the trial court in the oral opinion of September 19, 2005, but noted that appellate counsel had in fact challenged the denial of the request to withdraw the plea. Id. On October 22, 2008, the New Jersey Supreme Court denied certification. See State v. Conover, 196 N.J. 598 (2008) (table).
According to the New Jersey Department of Corrections, the Petitioner was released from custody on February 5, 2008, upon the expiration of a one-year and three-month sentence imposed for violation of lifetime parole supervision, pursuant to N.J.S.A. § 2C:43-6.4. See www.state.nj.us/corrections (offender search).
Petitioner is presumably confined in the county jail on one or more new charges.*fn1
Petitioner executed this § 2254 Petition February 17, 2009 - which the Clerk received on February 23, 2009 - and argues:
Ground One: INEFFECTIVE ASSISTANCE OF COUNSEL OF TRIAL ATTORNEY AND PCR ATTORNEY.
Ground Two: DEFENDANT MADE A OPEN COURT REQUEST TO WITHDRAW HIS PLEA TO JUDGE BARNETT HOFFMAN WHICH WAS DENIED THUS JUDGE HOFFMAN MISTAKENLY EXERCISED HIS DISCRETION THAT DENIED THE DEFENDANT HIS RIGHT TO TRIAL.
Ground Three: I WAS DENIED MY SIXTH AMENDMENT RIGHT TO CONFRONT WITNESSES AGAINST ME BECAUSE RICHARD P. KLEIN STATED THAT KNOW ONE WOULD ALLOW ME TO CONFRONT THE WITNESSES (VICTIMS).