FRENTZ v. BROWN

Filing 23

ENTRY - the motion for hearing [dkt. 20 ] is denied. Signed by Judge Tanya Walton Pratt on 3/5/2014. (TRG)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
DAVID MARK FRENTZ,
Petitioner,
v.
RICHARD BROWN,
Respondent.

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No. 1:13-cv-1311-TWP-DKL

ENTRY
David Mark Frentz has filed a motion seeking an evidentiary hearing in support of his
petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254(a). The respondent has opposed
that motion. The habeas petition itself has been fully at issue since February 10, 2014.
This action is governed by provisions of the Antiterrorism and Effective Death Penalty
Act of 1996 (“AEDPA”). The provisions of AEDPA significantly limit the circumstances in
which a habeas court is allowed to grant evidentiary hearings. 28 U.S.C. § 2254(e)(2). AEDPA
provides that the district court shall not hold an evidentiary hearing “if the applicant has failed to
develop the factual basis of a claim in State court proceedings.” 28 U.S.C. § 2254(e)(2). This
standard requires the exercise of diligence by a habeas petitioner. See Williams v. Taylor, 529
U.S. 420, 432 (2000). If the record shows that petitioner is guilty of a lack of diligence, or some
greater fault, in failing to develop the factual basis of the claim in the state courts, then the
habeas court is likewise required to deny an evidentiary hearing. Id. AEDPA sets forth
exceptions to this bar, which apply to new rules of constitutional law, factual predicates that

could not have been previously discovered through the exercise of diligence, and facts showing
actual innocence by clear and convincing evidence. 28 U.S.C. § 2254(e)(2)(A), (B).
In light of the foregoing, and given Frentz’s failure to fit his request for a hearing into any
of the circumstances showing that a hearing can be conducted, the motion for hearing [dkt. 20] is
denied.
IT IS SO ORDERED.

03/05/2014
Date: __________________

Distribution:
Electronically Registered Counsel

________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana