Mayfield v. Ryan et al

Filing 17

REPORT AND RECOMMENDATION: The Magistrate Judge recommends that the District Court, enter an order Dismissing the 9 Amended Petition for Writ of Habeas Corpus. It is time-barred. Pursuant to 28 U.S.C. §636 (b), any party may serve and file wri tten objections within 14 days of being served with a copy of this report and recommendation. If objections are not timely filed, they may be deemed waived. The Local Rules permit a response to an objection. They do not permit a reply to a response. Signed by Magistrate Judge Leslie A Bowman on 9/17/14.(BAC)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Eva Lynn Mayfield,
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Petitioner,
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vs.
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Charles L. Ryan; et al.,
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Respondents.
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No. CIV 13-946-TUC-DCB (LAB)
REPORT AND RECOMMENDATION

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Pending before the court is an amended petition for writ of habeas corpus filed on
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December 27, 2013, by Eva Lynn Mayfield, an inmate confined in the Arizona State Prison
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Complex in Goodyear, Arizona. (Doc. 9)
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Pursuant to the Rules of Practice of this court, this matter was referred to Magistrate
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Judge Bowman for report and recommendation. LRCiv 72.2(a)(2).
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The Magistrate Judge recommends the District Court, after its independent review of the
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record, enter an order dismissing the petition. It is time-barred.
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Summary of the Case
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Mayfield was convicted after a jury trial of “first-degree murder, first-degree burglary,
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three counts of aggravated assault, and four counts of kidnapping.” (Doc. 16-2, p. 48) The trial
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court sentenced Mayfield to “prison terms totaling natural life plus forty-two years.” Id., p. 49
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On direct appeal, Mayfield challenged “the trial court’s denial of her motion to suppress
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evidence, its denial of her motion for a judgment of acquittal, its refusal to admit medical
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records, its admission of other act evidence, and its refusal to admit a witness’s written plea

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agreement.” Id.

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The Arizona Court of Appeals affirmed Mayfield’s convictions and sentences on

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November 14, 2005. (Doc. 16-2, p. 48) The Arizona Supreme Court denied Mayfield’s petition

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for review on May 23, 2006. (Doc. 16-3, p. 14) It does not appear that Mayfield filed a petition

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for review with the U.S. Supreme Court.

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On July 6, 2006, Mayfield filed notice of post-conviction relief. (Doc. 16-3, p. 19)

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Appointed counsel was unable to find any meritorious issues, so the court gave Mayfield an

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opportunity to file a petition pro se. (Doc. 16-3, pp. 25-28) When Mayfield failed to file a

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timely petition, the trial court dismissed the post-conviction relief proceedings on March 21,

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2007. (Doc. 16-3, p. 37)

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Over four years later, on September 8, 2011, Mayfield filed a second notice of post-

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conviction relief. (Doc. 16-3, p. 40) The trial court denied Mayfield’s petition on September

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28, 2012, holding that her claim of ineffective assistance of trial counsel was waived and, in the

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alternative, meritless. (Doc. 16-4, pp. 2-8)

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On December 24, 2012, Mayfield filed a third notice of post-conviction relief arguing

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her post-conviction relief attorney was ineffective for failing to argue that a witness, previously

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unavailable, has been found and she is entitled to relief pursuant to Martinez v. Ryan. (Doc. 16-

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4, p. 10, pp. 17-18) The trial court dismissed the notice on February 4, 2013. (Doc. 16-4, p. 17)

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The Arizona Court of Appeals granted review but denied relief on May 22, 2013. (Doc. 16-4,

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p. 28)

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On August 15, 2013, Mayfield filed in this court a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. (Doc. 1) She filed the pending amended petition on December

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27, 2013. (Doc. 9) She claims (1) she was arrested without a warrant, (2) her medical records

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should have been admitted at trial, (3) trial counsel was ineffective for agreeing to consolidate

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two cases against her, and (4) the evidence was insufficient to support her conviction for felony

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murder. (Doc. 9)

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On July 10, 2013, the respondents filed an answer arguing among other things that the

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petition is time-barred. (Doc. 16) Mayfield did not file a reply. The respondents are correct.

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The petition is time-barred.

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Discussion

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The writ of habeas corpus affords relief to persons in custody in violation of the

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Constitution or laws or treaties of the United States. 28 U.S.C. § 2254(a). The petition,

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however, must be filed within the applicable statute of limitations or it will be dismissed. The

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statute of limitations reads in pertinent part as follows:

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A 1-year period of limitation shall apply to an application for a writ of
habeas corpus by a person in custody pursuant to the judgment of a State
court. The limitation period shall run from the latest of--

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(A)

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(1)

the date on which the judgment became final by the conclusion of
direct review or the expiration of the time for seeking such review;

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* * *
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(2)
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The time during which a properly filed application for State
post-conviction or other collateral review with respect to the pertinent
judgment or claim is pending shall not be counted toward any period of
limitation under this subsection.

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28 U.S.C. §§ 2244(d). The “one-year statute of limitations . . . applies to each claim in a habeas

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application on an individual basis.” Mardesich v. Cate, 668 F.3d 1164, 1170 (9th Cir. 2012).

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The limitation period for each of Mayfield’s claims was triggered on “the date on which

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the judgment became final by the conclusion of direct review or the expiration of the time for

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seeking such review.” 28 U.S.C. § 2244(d)(1)(A).

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The Arizona Court of Appeals affirmed Mayfield’s convictions and sentences on

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November 14, 2005. (Doc. 16-2, p. 48) The Arizona Supreme Court denied Mayfield’s petition

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for review on May 23, 2006. (Doc. 16-3, p. 14) Mayfield then had 90 days to petition the U.S.

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Supreme Court for review. Sup. Ct. R. 13. When she did not do so, her judgment became final.

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See Bowen v. Roe, 188 F.3d 1157, 1159 (9th Cir. 1999).

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The one-year limitation period did not begin to run immediately because Mayfield was

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pursuing post-conviction relief. See 28 U.S.C. § 2244(d)(2). Tolling pursuant to § 2244(d)(2)
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continued until the trial court dismissed the post-conviction relief proceedings on March 21,

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2007. (Doc. 16-3, p. 37); see also Hemmerle v. Schriro, 495 F.3d 1069, 1074 (9th Cir. 2007)

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(tolling applies to a properly filed notice even if a petition is never filed), cert. denied, 555 U.S.

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829 (2008). The limitation period began running the next day and expired one year later on

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March 21, 2008. Approximately five years later, on August 15, 2013, she filed her original

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petition in this court. Her amended petition, which relates back to the filing date of her original

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petition, is time-barred.

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Mayfield argues her petition is timely because it was filed within one year of the date the

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Arizona Court of Appeals denied her petition for review of the trial court’s decision dismissing

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her third post-conviction relief notice. (Doc. 9, p. 11) She is incorrect. The limitation period

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expired on March 21, 2008. The period was not renewed when Mayfield filed her subsequent

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notice of post-conviction relief. Ferguson v. Palmateer, 321 F.3d 820, 823 (9th Cir. 2003).

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Mayfield did not file a reply arguing she is entitled to equitable tolling.

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RECOMMENDATION

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The Magistrate Judge recommends that the District Court, after its independent review

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of the record, enter an order Dismissing the amended petition for writ of habeas corpus. (Doc.

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9) It is time-barred.

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Pursuant to 28 U.S.C. §636 (b), any party may serve and file written objections within

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14 days of being served with a copy of this report and recommendation. If objections are not

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timely filed, they may be deemed waived. The Local Rules permit a response to an objection.

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They do not permit a reply to a response.

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DATED this 17th day of September, 2014.

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