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.

Sanchez v. Nelsen

United States District Court, D. New Jersey

December 20, 2017

MIGUEL SANCHEZ, Petitioner,
v.
KENNETH NELSEN, et al., Respondents.

          Miguel Sanchez, Petitioner Pro Se

          Patrick Daniel Isbill - Attorney for Respondents Camden County Prosecutor's Office

          OPINION

          HONORABLE JEROME B. SIMANDLE JUDGE.

         I. INTRODUCTION

         Before 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.

         II. BACKGROUND

         The 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.

         After a 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.

         On 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.

         In 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 ...


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.