The opinion of the court was delivered by: Susan D. Wigenton United States District Judge
This matter is before the Court on petitioner Rodney Bull's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For reasons discussed below, the petition will be dismissed as time-barred under 28 U.S.C. § 2244(d).
Petitioner, Rodney Bull ("Bull"), was convicted by jury trial in the Superior Court of New Jersey, Law Division, Union County, on charges of aggravated assault, weapons charges, and terroristic threats. Bull was sentenced on October 2, 1992, to an aggregate sentence of twenty-five years in prison with a ten-year parole disqualifier. (Ra45-46).*fn1
Bull filed a direct appeal from his conviction and sentence to the Superior Court of New Jersey, Appellate Division. On July 11, 1995, the Appellate Division reversed for a new trial the conviction on Count Five, possession of a weapon for unlawful purposes, which was later vacated. The Appellate Division affirmed the remainder of the conviction and sentence. (Ra97-107). The Supreme Court of New Jersey denied certification on November 6, 1995. State v. Bull, 143 N.J. 320 (1995). (Ra108).
Bull admits that he filed his first petition for post-conviction relief ("PCR") in state court on March 3, 1997. The state PCR matter was heard and denied on February 23, 2001. (Ra109). The Appellate Division affirmed the state PCR court's denial of relief on or about May 14, 2003.*fn2 (Ra110). The Supreme Court of New Jersey denied certification on September 4, 2003. (Ra126).
Bull filed a second state PCR petition on or about June 10, 2004. This second petition was denied on April 28, 2005. (Ra201). Bull appealed from denial of his second PCR petition, and the Appellate Division affirmed the PCR court's denial of Bull's state PCR petition on January 31, 2007, finding that the PCR petition was untimely and procedurally barred. (Ra291). The New Jersey Supreme Court denied certification on February 4, 2008.
Bull filed his federal habeas petition under 28 U.S.C. § 2254, on or about March 17, 2008. He submitted an amended petition on May 19, 2008. The State responded with the relevant state court record on January 14, 2009. Petitioner filed a reply on February 17, 2009.
In his petition, Bull raises the following claims of error for habeas relief:
(1) Petitioner's Sixth Amendment right to confront his accuser was violated by the trial judge when he would not permit defense counsel to cross-examine witness Lane about her involvement in drug and sex trades.
(2) Petitioner was denied his constitutional right to effective assistance of counsel during trial and sentencing.
(3) Petitioner was denied his constitutional right to due process by prosecutorial misconduct during summation, when the prosecutor argued that petitioner's poverty was a motive for robbery and that petitioner waited to hear witnesses' testimony so ...