1:24-cv-01082•Shields v. Alexander
Texto completo
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION CARALE SHIELDS, Petitioner, ) ) ) ) ) ) ) ) No. 1:24-cv-01082-JDB-jay v. JONATHAN SKRMETTI, Respondent. ORDER DISMISSING § 2254 PETITION AS TIME BARRED, DENYING CERTIFICATE OF APPEALABILITY, CERTIFYING THAT APPEAL WOULD NOT BE TAKEN IN GOOD FAITH, AND DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL Before the Court is the pro se petition of Carale Shields, an inmate at Federal Correctional Institution Forrest City, Arkansas, pursuant to 28 U.S.C. § 2254 . (Docket Entry 1.) The Respondent, Jonathan Skrmetti, has filed a motion to dismiss the Petition (D.E. 18), to which the inmate has responded (D.E. 19). BACKGROUND Shields was indicted in the Obion County, Tennessee, Circuit Court on five counts for the sale of a controlled substance in violation of Tennessee Code Annotated § 39-17-417(a)(3).1 He pleaded guilty to all five counts, which bore different case numbers. On March 5, 1997, the state trial court sentenced him Community Corrections Act (the for each of the five convictions.2 The court ordered the 1Petitioner was charged in five separate indictments. 2Under the Tennessee Community Corrections Act, state funds [are used] to contract with local governments and qualified private entities to develop community-based alternatives to Case 1:24-cv-01082-JDB-jay Document 20 Filed 02/09/26 Page 1 of 11 PageID <pageID>
2 sentence in case number 7-471 to be served consecutively to case number 7-470, and the sentences in case numbers 7-472, 7-473, and 7-474 to be served concurrently with case number 7-470, resulting in a total effective sentence of sixteen years. Shields did not file a direct appeal, a state post-conviction petition, or a state post-conviction appeal relative to those convictions. The inmate violated the terms of his community corrections sentence, and the state trial court revoked his community corrections sentence on July 23, 1999, ordering him to serve an effective sixteen-year sentence in the Tennessee Department of Correction (the On April 5, 2002, the court entered amended judgments, imposing a ten-year custodial sentence, suspended to one year in the county jail and nine years probation, for case numbers 7-470 and 7- 471. Petitioner received a six-year custodial sentence, suspended to one year in the county jail and five years probation, for case numbers 7-472, 7-473, and 7-474. On August 3, 2007, following a probation violation, the state -day jail sentence, and ordered that Shields be [Tennessee] Department of Probation for the remainder of the (D.E. 16-1 at PageID 240.) The ing the sixteen-year TDOC sentence to a probationary period of the same duration. Petitioner violated the terms of his probation again incarceration that provide a treatment-centered pathway and community-based supervision for offenders § 40-36-103(1). One of the stated purposes of the statute is to educe the number of felony offenders committed to state penal institutions, local jails, and workhouses for whom a treatment-centered pathway and appropriate evidence-based community supervision will result in less recidivism and more effective outcomes. Tenn. Code. Ann. § 40- 36-103(3). Although a sentence there under Tennessee law. State v. Harkins, 811 S.W.2d 79, 82 (Tenn. 1991). probation proceeding, a new and longer sentence, so long as within the range prescribed by statute, discretion [following a violation of the conditions of a community State v. McNack, 356 S.W.3d 906, 910 (Tenn. 2011). Case 1:24-cv-01082-JDB-jay Document 20 Filed 02/09/26 Page 2 of 11 PageID <pageID>
3 and, on October 7, 2011, the court revoked his probationary status, this time reducing the original sentence from sixteen years in TDOC custody to ten years. The Petition herein, filed February 27, 2024,3 (D.E. 1 at PageID 15), alleges that: (1) Petitioner s 1997 convictions for sale of a controlled substance violated his right to due process as he was wrongfully removed from the jurisdiction of the juvenile court system and prosecuted as an adult; (2) his guilty plea was invalid because, at the time of his plea, he ; and (3) he received ineffective assistance of counsel (D.E. 1-4 at PageID 52). ANALYSIS Respondent argues in this dispositive motion that the Court need not address the merits of the inmate Petition is time barred. A § 2254 petition is subject to a one-year limitations period, commencing from four possible dates: (A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review; (B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such State action; (C) the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or (D) the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence. 28 U.S.C. § 2244(d)(1). 3This is the date Shields signed the Petition and certified that he had placed it into the prison mail system. (D.E. 1 at PageID 15.) established in Houston v. Lack, 487 U.S. 266, 270 (1988) to civil actions by pro se prisoners in Richard v. Ray, 290 F.3d 810, 812-13 (6th Cir. 2002) it in the prison mail system to be forwarded to the Clerk via first-class, postage-prepaid mail. Case 1:24-cv-01082-JDB-jay Document 20 Filed 02/09/26 Page 3 of 11 PageID <pageID>
4 Application of § 2244(d)(1)(A) The district court must analyze the procedural history of a p Here, this analysis includes consideration of the impact, if any, of the state trial court amended judgments, revocation orders, Burton v. Stewart, 549 U.S. 147, 156 (2007) (per curiam) (citation omitted). However, [t]he entry of a new judgment normally resets the statute-of-limitations King v. Morgan, 807 F.3d 154, 159 (6th Cir. 2015). hen courts engage in a full Freeman v. Wainwright, 959 F.3d 226, 229 (6th Cir. 2020). When benefits Crangle v. Kelly, 838 F.3d 673, 678 (6th Cir. 2016) (per curiam) (cleaned up). -than-before sentence, by contrast, Id. As outlined above, t challenged convictions on March 5, 1997. Those judgments sentenced him to an effective period of sixteen years in the community corrections program. The court later revoked his community corrections sentence on July 23, 1999, and ordered him to serve sixteen years in the TDOC. On April 5, 2002, the court entered amended judgments, sentencing him to a total effective sentence of sixteen years in custody, suspended to fourteen years probation. The prisoner had thirty days to seek review of the amended judgments by the Tennessee Court of Criminal Appeals (the , Tenn. R. App. P. 4(a), but did not do so. Accordingly, his judgments of conviction became final on May 6, 2002, for purposes of § 2244(d)(1)(A), when Case 1:24-cv-01082-JDB-jay Document 20 Filed 02/09/26 Page 4 of 11 PageID <pageID>
5 the thirty-day period expired.4 See Ross v. Freeman, No. 4:14-cv-22-HSM-SKL, 2015 WL 1285366, at *1 (E.D. Tenn. Mar. 20, 2015). The statute of limitations began to run the following day, May 7, 2002. See Fed. R. Civ. P. 6(a)(1)(A) ( hen the period is stated in days or a longer unit of time . . . exclude the day of it expired on May 7, 2003. Shields declared that he placed the Petition in the prison mail system on February 27, 2024, over twenty years after the limitations period had expired. Accordingly, the Petition is time barred unless statutory or equitable tolling applies.5 4The thirty-day period following entry of the amended judgments actually fell on May 5, 2002. Because that date was a Sunday, however, they became final the next day, May 6, 2002. See Tenn. R. App. P. 21(a) ( shall be included unless it is a Saturday, a Sunday, or a legal holiday . . . , in which event the period runs until the end of the next day which is not one of the aforementioned days 5 purposes of § 2244(d)(1)(A) August 2007 entered the same day. The latter suspended Shields sixteen years of probation, but the former stated that he D.E. 16-1 at PageID 240). Even assuming for the sake of argument that the Probation Order extended probationary period, that order would not be construed as a new judgment for purposes of § 2244(d)(1)(A) because it merely altered the probationary period; it did not change TDOC sentence imposed by the amended judgments entered on April 5, 2002. Cf. Creasy v. Frink, Case No. 3:22-cv-00033, 2022 WL 16825182, at **2-3 (M.D. Tenn. given a new sentence when his Community Corrections placement was revoked but was merely [sixteen] years at [forty-five percent] in TDOC custody, the revocation proceedings Furthermore, even if the Probation Order did new, worse-than-before sentence Freeman, 959 F.3d at 228, the Petition would still be untimely by over a decade. sixteen to ten years in TDOC custody. Even if the it resulted in -than- and therefore does not qualify as a new judgment under § 2244(d)(1)(A). Id. at 230. Case 1:24-cv-01082-JDB-jay Document 20 Filed 02/09/26 Page 5 of 11 PageID <pageID>
6 A. Application of § 2244(d)(1)(D) Petitioner alleges that he received [information] that the action was illegal. (D.E. 1 at PageID 5.) This allegation could reasonably be construed as an argument that he is entitled to statutory tolling under § 2244(d)(1)(D), which provides that the one- date on which the factual predicate of the claim or claims presented could have been discovered through The prisoner argues that the Petition is not time of sentencing, received ineffective assistance of counsel, and was not yet aware that he [was] Id. at PageID 13.) In determining whether statutory tolling is warranted under § 2244(d)(1)(D), a district c Smith v. Meko DiCenzi v. Rose, 452 F.3d Id. Shields assertion is that his case was unlawfully transferred from juvenile court to adult court. In support of his claim, he cites to Tennessee Code Annotated § 37-1-134, [which] [t]he disposition of the child shall be as if the child were an adult. Tenn. Code Ann. § 37-1-134(a). He contends that, because the sale of a controlled substance is not under the statute, his case should not have been transferred from juvenile court. (D.E. 1-4 at PageID 52.) Case 1:24-cv-01082-JDB-jay Document 20 Filed 02/09/26 Page 6 of 11 PageID <pageID>
7 Petitioner does not explain why the factual predicate of his claim could only recently have been discovered, however; he merely insists that, as he was a minor at the time of sentencing, he D.E. 1 at PageID 13.) Although Petitioner 37-1- 134 in relation to his case, he was aware of the charges he faced, his age, and his juvenile status at the time of sentencing in circuit court. See Smith . Because the relevant to his claims were discoverable long ago, Petitioner is not entitled to tolling of the limitations period under § 2244(d)(1)(D). See id. B. Equitable Tolling The one-year limitations period is subject to equitable tolling. Holland v. Florida, 560 been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his way Id. at 649 (internal quotation marks omitted). Courts are cautioned that t Robertson v. Simpson, 624 F.3d 781, 784 (6th Cir. 2010). It is the petitioner who bears the burden of showing that he is entitled to such relief. Allen v. Yukins, 366 F.3d 396, 401 (6th Cir. 2004). With the benefit of liberal construction, the inmate appears to argue that he is entitled to equitable tolling of the limitations period receiv[ed] ineffective assistance of counsel, and was not yet aware that he [was] transferred illegally to adult court from juvenile court. (See D.E. 1 at PageID 13.) Additionally, he submits [the] sentencing court having a lack of Id. at PageID 14.) He has failed, however, to demonstrate extraordinary circumstances. Regarding his claim yet Case 1:24-cv-01082-JDB-jay Document 20 Filed 02/09/26 Page 7 of 11 PageID <pageID>
8 Griffin v. Rogers, 399 F.3d 626, 637 (6th Cir. 2005) (quoting Rose v. Dole, 945 F.2d 1331, 1335 (6th Cir. 1991)). equitable tolling. That is because the lawyer acts as the agent of his client, and the client therefore Wershe v. City of Detroit, 112 F.4th 357, 367 (6th Cir. 2024) (internal quotation marks and citations omitted), cert. denied, 145 S. Ct. 1128 (2025). Shields period. The jurisdiction of the convicting court cannot be challenged at any time during habeas review as Petitioner argues. Rather, [w]hen Congress enacted the limitations period in [§ Pacheco v. Habti, 62 F.4th 1233, 1245 (10th Cir.), cert. denied, 143 S. Ct. 2672 (2023). Moreover, even if he could show an extraordinary circumstance, he cannot demonstrate that he was diligent in pursuing his rights given that he filed the Petition over twenty-five years after pleading guilty. Thus, Petitioner has failed to establish that equitable tolling of the limitations period is warranted in this case. C. Actual Innocence innocence. McQuiggin v. Perkins, 569 U.S. 383, 386 (2013). Shields, however, fails to raise a credible claim of actual innocence that would entitle him to equitable tolling of the limitations period. The prisoner does not make an explicit claim of actual innocence, but his statement in the Petition attempt to raise such a claim. (See D.E. 1 at PageID 5.) However, he pleaded guilty to his state -innocence Case 1:24-cv-01082-JDB-jay Document 20 Filed 02/09/26 Page 8 of 11 PageID <pageID>
9 Shofner v. Green, No. 0:20-CV-23- KKC-HAI, 2020 WL 8475034, at *4 (E.D. Ky. Apr. 16, 2020) (collecting cases). This approach makes sense [given that,] [i]n general, a valid guilty plea relinquishes any claim that would contradict the admissions necessarily made upon entry of a voluntary plea of guilty. Id. at *5 (quoting Class v. United States, 583 U.S. 174, 183 (2018)) (cleaned up). Here, the inmate does challenge the validity of his guilty plea, claiming that it was not knowing and intelligent because he was a minor and his attorney was ineffective. Even if his guilty plea does not foreclose his claim of actual innocence, Shields has failed to show that the exception to the limitations period should apply. new evidence shows it is more likely than not that no reasonable juror would have convicted [the Davis v. Bradshaw, 900 F.3d 315, 326 (6th Cir. 2018). Bousley v. United States, 523 U.S. 614, 623 (1998). A credible claim of actual innocence requires [a] petitioner to support his allegations of constitutional error with new reliable evidence whether it be exculpatory scientific evidence, trustworthy eyewitness accounts, or critical physical evidence Schlup v. Delo he Supreme Court has repeatedly said that the actual- Hubbard v. Rewerts, 98 F.4th 736, 747 (6th Cir. 2024), cert. denied, 145 S. Ct. 1201 (2025). Petitioner states in his response to the dispositive motion evidence. (D.E. 19 at PageID 456.) He insists, however, that his circumstance is an [] -innocence exception should apply because he was sentenced under the wrong statute. (Id. at PageID 454-56.) [A] petitioner may not pass through Hubbard, 98 F.4th at 743. Case 1:24-cv-01082-JDB-jay Document 20 Filed 02/09/26 Page 9 of 11 PageID <pageID>
10 Rather, he must demonstrate that he factually Id. Shields ssertions do not relate to factual innocence. Because Petitioner has failed to present any new reliable evidence that proves he did not factually commit the crimes to which he pleaded guilty, the exception for claims of actual innocence does not excuse the untimely filing of the Petition. CONCLUSION For the reasons articulated herein, the Petition is DISMISSED WITH PREJUDICE as time barred. The Clerk is DIRECTED to enter judgment for Respondent. APPELLATE ISSUES See 28 U.S.C. § 2253(c)(2); see Dennis v. Burgess, conclude the issues presented Miller- El v. Cockrell, 537 U.S. 322, 327 (2003). If the district court denies relief on a procedural ground without reaching the underlying constitutional claim, a COA should issue when the petitioner tition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedura Slack v. McDaniel, 529 U.S. 473, 484 (2000). Because jurists of reason would not debate the DENIES a COA. A party seeking pauper status on appeal must first file a motion in the district court, along with a supporting affidavit. Fed. R. App. P. 24(a)(1). If the district court certifies that an appeal Case 1:24-cv-01082-JDB-jay Document 20 Filed 02/09/26 Page 10 of 11 PageID <pageID>
11 would not be taken in good faith or otherwise denies leave to appeal in forma pauperis, the prisoner must file his motion to proceed in forma pauperis in the appellate court. See Fed. R. App. P. 24(a)(4)-(5). For the same reason it denies a COA, the Court CERTIFIES that any appeal would not be taken in good faith. Leave to appeal in forma pauperis is DENIED.6 IT IS SO ORDERED this 9th day of February 2026. s/ J. DANIEL BREEN UNITED STATES DISTRICT JUDGE 6If Petitioner files a notice of appeal, he must pay the full $605 appellate filing fee or file a motion to proceed in forma pauperis and supporting affidavit in the Sixth Circuit Court of Appeals within thirty days of the entry date of this order. See Fed. R. App. P. 24(a)(5). Case 1:24-cv-01082-JDB-jay Document 20 Filed 02/09/26 Page 11 of 11 PageID <pageID>
Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.