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.

Benfield v. Perry

United States District Court, W.D. North Carolina, Statesville Division

May 31, 2017

JEREMY LYNN BENFIELD, aka Jeremy Lynn Cooper, Petitioner,
v.
FRANK L. PERRY, et al., Respondent.

          ORDER

          Frank D. Whitney, Judge

         THIS MATTER is before the Court upon Petitioner Jeremy Lynn Benfield's pro se Petition for Writ of Habeas Corpus, filed pursuant to 28 U.S.C. § 2254 (Doc. No. 1), and his second Motion to proceed in forma pauperis (Doc. No. 4).

         I. PROCEDURAL HISTORY

         Petitioner is a prisoner of the State of North Carolina who, on April 14, 2000, was convicted by a jury in Iredell County Superior Court of assault with a deadly weapon with intent to kill inflicting serious injury, assault with a deadly weapon inflicting serious injury, and injury to personal property. He received consecutive sentences of 116 to 149 months imprisonment, 34 to 50 months imprisonment, and 45 days imprisonment, respectively. (Pet. 1-2, Doc. No. 1.)

         Petitioner's direct appeal was denied by the North Carolina Court of Appeals on December 4, 2001. See State v. Benfield, No. COA00-1236, 558 S.E.2d 262, slip op. at 1 ( N.C. Ct. App. Dec. 4, 2001) (unpublished). He sought discretionary review in the North Carolina Supreme Court on January 19, 2016. See State's Resp. to Cert. Pet. *2, State v. Benfield, No. P16-682, 2016 WL 5248026 ( N.C. Ct. App. filed Sept. 19, 2016). His petition was denied on March 17, 2016. State v. Benfield, No. 22P16-1, 782 S.E.2d 736 ( N.C. 2016) (Mem).

         According to Petitioner, he filed a Motion for Appropriate Relief (“MAR”) in Iredell County Superior Court on July 13, 2016, which was denied on August 15, 2016. (Pet. 3.) On September 6, 2016, Petitioner filed a petition for writ of certiorari in the North Carolina Court of Appeals, seeking review of the denial of his MAR. (Pet. 4.) It was denied on September 22, 2016. (Pet. 5.)

         Petitioner's § 2254 habeas Petition was received in this Court on January 20, 2017.[1] (IFP Mot. 1, Doc. No. 2.) He raises the following grounds for relief: 1) the trial court violated his right to due process by sentencing him to consecutive sentences outside the mitigated range; 2) the sentence imposed was grossly disproportionate; 3) trial counsel rendered ineffective assistance; 4) a new North Carolina sentencing law should be applied retroactively to Petitioner's judgment; 5) the trial court incorrectly calculated Petitioner's prior criminal record level at sentencing; 6) the trial court incorrectly calculated the amount of jail credit Petitioner was due; 7) the trial court erred in denying Petitioner's motion to dismiss; and 8) the trial court erred in refusing to give a jury instruction on voluntary intoxication and intent to kill. (Pet. 5-15.)

         II. STATUTE OF LIMITATIONS

         The Antiterrorism and Effective Death Penalty Act of 1996 provides a statute of limitations for § 2254 petitions by a person in custody pursuant to a state court judgment. 28 U.S.C. § 2244(d)(1). The petition must be filed within one year of the latest of:

(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.

Id. The limitations period is tolled during the pendency of a properly filed state post-conviction action. 28 ...


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.