United States District Court, D. New Jersey
Sanchez, Petitioner Pro Se
Patrick Daniel Isbill - Attorney for Respondents Camden
County Prosecutor's Office
HONORABLE JEROME B. SIMANDLE JUDGE.
this Court is Petitioner Miguel Sanchez's pro se
amended petition for writ of habeas corpus filed pursuant to
28 U.S.C. § 2254. Petitioner was convicted of murder,
possession of a weapon for an unlawful purpose and unlawful
possession of a weapon. Petitioner received a life sentence
with a thirty-year period of parole ineligibility. Presently
pending is respondents' motion to dismiss the habeas
petition due to untimeliness. For the following reasons, the
motion to dismiss will be granted and the habeas petition
will be dismissed due to untimeliness.
factual background giving rise to petitioner's state
conviction and judgment is as follows:
Defendant and the victim briefly lived together in 1989 and
1990. He believed that the victim had given him a
life-threatening disease and, in anger, kicked her in the
midriff necessitating the removal of her spleen. In the early
morning hours of November 2, 1991, the victim and her
friends, after a night of drinking in Philadelphia, stopped
at an after-hours store in Camden to pick up a six-pack of
beer. Defendant was at the store. Someone called him an
offensive Spanish term and the victim laughed at him. The
victim and her friends then went to the victim's house at
approximately 3:00 a.m. Defendant appeared at the house
shortly thereafter. An argument ensued and defendant was seen
brandishing a handgun. He pointed the gun at the victim but
returned it to his waistband and they both walked away to
talk. When the victim did not return within five minutes, her
friends drove around looking for her. They saw an ambulance
and discovered that the victim had been shot. She was dead on
arrival at the hospital.
It appears that defendant confessed to a friend in York,
Pennsylvania, with whom he was staying after the murder, that
he had shot the victim. The friend relayed such confession to
the police and his statement was taped. At the trial, he
claimed that he had made-up the story of the confession so
that the police would leave him alone. When defendant was
apprehended by the police, he made several incriminating
statements to them about his conduct concerning the victim.
Docket Entry 8-5 at p.4.
jury trial, Petitioner was convicted of murder and weapons
offenses. He was sentenced to life imprisonment on June 3,
1994. See Docket Entry 8-4. Thereafter, Petitioner
filed an appeal to the Superior Court of New Jersey,
Appellate Division. The Appellate Division affirmed the
judgment and conviction on March 10, 1997. See
Docket Entry 8-5 Petitioner did not seek certification from
the New Jersey Supreme Court on direct appeal. See
Docket Entry 8-16 at p.4.
November 25, 2009, Petitioner filed a motion for a new trial
in the Superior Court of New Jersey, Camden County, which was
treated as a petition for post-conviction relief
(“PCR”). See Docket Entry 8-6 & 8-27
at p.5. The PCR Court denied Petitioner's PCR petition on
November 5, 2010. See Docket Entry 8-27. Petitioner
appealed that decision to the Appellate Division which
affirmed the denial of the PCR petition on December 3, 2012.
See Docket Entry 8-16. Thereafter, Petitioner filed
a petition for certification with the New Jersey Supreme
Court. The New Jersey Supreme Court denied certification on
Petitioner's PCR petition on February 4, 2014.
July, 2014, this Court received Petitioner's pro
se federal habeas petition. However, this Court
administratively terminated this matter because Petitioner
had not filed his habeas petition on the proper updated form.
See Docket Entry 2. Thereafter, Petitioner ...