United States District Court, M.D. Florida, Orlando Division
KENDALL SHARP SENIOR UNITED STATES DISTRICT JUDGE
case is before the Court on Petitioner Leonard Luckey's
Petition for Writ of Habeas Corpus ("Petition, "
Doc. 1). Respondents filed a Response to the Petition
("Response, " Doc. 16) in compliance with this
Court's instructions. Petitioner was provided an
opportunity to file a Reply to the Response but did not do
asserts three grounds for relief in the Petition. For the
following reasons, the Petition will be denied and dismissed
as untimely or otherwise on the merits.
was charged with burglary of a dwelling with a battery. (Doc.
17-1 at 49.) A jury found Petitioner guilty as charged.
(Id. at 77.) The trial court sentenced Petitioner to
life in prison as a prison release reoffender. (Id.
at 39-40.) Petitioner appealed, and on June 29, 2004, the
Fifth District Court of Appeal of Florida ("Fifth
DCA") affirmed per curiam. (Doc. 17-3 at 102.)
21, 2005, Petitioner filed a motion for post-conviction
relief pursuant to Rule 3.850 of the Florida Rules of
Criminal Procedure,  but he subsequently filed another Rule
3.850 motion. See Doc. 17-3 at 145. The state court
denied the subsequently filed motion in part and conducted a
hearing on one ground. (Id. at 145-50.) The state
court denied the remaining ground after the hearing.
(Id. at 215; Doc. 17-4 at 18-19.) Petitioner
appealed, and the Fifth DCA affirmed in part and reversed and
remanded as to two grounds. (Doc. 17-4 at 66-71.) On remand,
the state court appointed counsel to Petitioner, ordered
competency evaluations, and subsequently found Petitioner to
be competent. (Doc. 17-8 at 3-4.) The state court then
conducted an evidentiary hearing after which it found one
ground to be waived because Petitioner did not timely amend
it and denied the other ground on the merits. (Doc. 17-5 at
76-79.) Petitioner appealed, and the Fifth DCA affirmed.
(Doc. 17-9 at 32-33.) Mandate issued on April 23, 2012.
(Id. at 34.)
his Rule 3.850 proceeding was pending, Petitioner filed a
motion to correct an illegal sentence pursuant to Rule
3.800(a) of the Florida Rules of Criminal Procedure on
November 29, 2005. The state court denied the motion on
January 9, 2006. See Doc. 17-3 at 145, 271.
Petitioner did not appeal.
April 11, 2012, Petitioner filed a state habeas
petition. (Doc. 17-9 at 39-44.) The state court
denied the petition. (Id. at 130-37.) Petitioner
appealed, and the Fifth DCA affirmed per curiam.
(Id. at 240.) Mandate issued on April 17, 2014.
(Id. at 241.)
October 4, 2016, Petitioner filed a Rule 3.800(a) motion. See
https://app02.clerk.org; Doc. 17-9 at 243. The state court
denied the motion. See https://app02.clerk.org. Petitioner
appealed but voluntarily dismissed the appeal on September
20, 2017. See http://jweb.flcourts.org.
filed the Petition on July 4, 2016. (Doc. 1.)
to 28 U.S.C. § 2244:
(d)(1) 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 -
(A) the date on which the judgment became final by the
conclusion of direct review or the expiration of the time ...