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Joyner v. Booker

United States District Court, E.D. Virginia, Richmond Division

October 27, 2017

McKINLEY COLUMBUS JOYNER, Petitioner,
v.
BERNARD W. BOOKER, Respondent.

          MEMORANDUM OPINION

          Robert E. Payne, Senior United States District Judge

         McKinley Columbus Joyner, a Virginia state prisoner proceeding pro se, brings this petition pursuant to 28 U.S.C. § 2254 (“§ 2254 Petition, " ECF No. 4) challenging his convictions in the Circuit Court for the County of Arlington, Virginia ("Circuit Court"). Respondent moves to dismiss, inter alia, on the ground that the one-year statute of limitations governing federal habeas petitions bars the § 2254 Petition. Joyner has responded. The matter is ripe for disposition.

         I. PROCEDURAL HISTORY

         A. What Is Joyner Challenging?

         At the outset, the Court notes that Joyner has been convicted of more than one group of sexual crimes involving two women stemming from events on November 4, 2010, making it difficult to discern exactly which convictions he intends to challenge here.[1] On the standardized form Joyner was required to complete in order to pursue his federal habeas, Joyner indicated that he challenges "CR 11-1277 and CR, " with May 29, 2012 as the date of sentencing, a sentence of 57 years, and that he was convicted of "forcible sodomy, abduction with intent to defile, and the use of a firearm during a felony." (§ 2254 Pet. 2.) This corresponds with Case Numbers CR11-1277, CR11-1278, and CR11-1279 in the Circuit Court for the County of Arlington.

         1. Crimes Against A.D.[2]

         On October 17, 2011, a grand jury charged Joyner with forcible sodomy, use or display of a firearm while committing or attempting to commit forcible sodomy or abduction, and abduction with the intent to defile. Commonwealth v. Joyner, No. CR11- 1277, at 1 (Va. Cir. Ct. Oct. 17, 2011); Commonwealth v. Joyner, No. CR11-1278, at 1 (Va. Cir. Ct. Oct. 17, 2011); Commonwealth v. Joyner, No. CR11-1279, at 1 (Va. Cir. Ct. Oct. 17, 2011). On January 19, 2012, a jury found Joyner guilty of forcible sodomy and use or display of a firearm while committing or attempting to commit forcible sodomy or abduction. Joyner, No. CR11-1277, at 1 (Va. Cir. Ct. Jan. 19, 2012); Joyner, No. CR11-1278, at 1 (Va. Cir. Ct. Jan. 19, 2012) . The jury was unable to reach a verdict on the abduction with intent to defile count, and the Court granted the motion for a mistrial on that count. Joyner, No. CR11-1279, at 2 (Va. Cir. Ct. Jan. 25, 2012) . On January 23, 2012, the jury fixed Joyner's punishment at three years of incarceration for the firearm conviction and six years of incarceration for the forcible sodomy conviction. Joyner, No. CR11-1277, at 1 (Va. Cir. Ct. Jan. 23, 2012); Joyner, No. CR11-1278, at 1 (Va. Cir. Ct. Jan. 23, 2012).

         On May 29, 2012, the Circuit Court sentenced Joyner to the nine-year sentence imposed by the jury. See Joyner, No. CR11-1277, at 1 (Va. Cir. Ct. July 2, 2012); Joyner, No. CR11-1278, at 1 (Va. Cir. Ct. July 2, 2012). The Court entered judgment on these two counts on July 2, 2012, and the abduction with the intent to defile count was dismissed. Joyner, No. CR11-1277, at 2 (Va. Cir. Ct. July 2, 2012); Joyner, No. CR11-1278, at 2 (Va. Cir. Ct. July 2, 2012); Joyner, No. CR11-1279, at 2 (Va. Cir. Ct. July 2, 2012).

         Joyner appealed these convictions. On June 17, 2013, the Court of Appeals of Virginia denied his petition for appeal. (ECF No. 13-1, at 1.) On March 26, 2014, the Supreme Court of Virginia refused Joyner's petition for appeal. (ECF No. 13-2, at 2.)[3] On June 13, 2014, the Supreme Court of Virginia denied Joyner's petition for rehearing. (ECF No. 13-2, at 1.)

         On the third and fourth pages of his standardized form for his § 2254 Petition, Joyner identifies the Court of Appeals of Virginia case number as "Record No. 1152-12-4" and the United States Supreme Court case number as "Certiorari Number 14-7060." (Id. at 3-4.) Record No. 1152-12-4 does not correspond with the above-described appellate proceedings, which bear the Court of Appeals of Virginia Case Record No. 1153-12-4. (See ECF No. 13-1, at 1; ECF No. 13-2, at 1.) Instead, "Record No. 1152-12-4" stems from a separate set of convictions in the Circuit Court for the County of Arlington, Case Nos. CR11-42, CR11-258, and CR11-259. (ECF No. 13-3, at 1.) Certiorari Number 14-7060 does indeed correspond with a petition for writ of certiorari Joyner filed in conjunction with the crimes against A.D. (See ECF No. 13-5, at 1.) By Order entered January 14, 2015, the Supreme Court of the United States denied Joyner's petition for a writ of certiorari. (See id.)

         2. Crimes Against S.P.

         For the second group of convictions in the Circuit Court, on January 18, 2011, a grand jury charged Joyner with forcible sodomy. Commonwealth v. Joyner, No. CR11-42, at 1 (Va. Cir. Ct. Jan. 18, 2011). On March 21, 2011, a grand jury charged Joyner with use or display of a firearm while committing or attempting to commit forcible sodomy or abduction, and abduction with the intent to defile. Commonwealth v. Joyner, No. CR11-258, at 1 (Va. Cir. Ct. Mar. 23, 2011); Commonwealth v. Joyner, No. CR11-259, at 1 (Va. Cir. Ct. Mar. 23, 2011) .[4] On January 5, 2012, a jury found Joyner guilty of all three counts. Joyner, No. CR11-42, at 1 (Va. Cir. Ct. Jan. 5, 2012); Joyner, No. CR11-258, at 1 (Va. Cir. Ct. Jan. 5, 2012); Joyner, No. CR11-259, at 1 (Va. Cir. Ct. Jan. 5, 2012) . On January 6, 2012, the jury fixed Joyner's punishment at five years of incarceration for forcible sodomy, twenty years of incarceration for abduction with the intent to defile, and three years of incarceration for use or display of a firearm while committing or attempting to commit forcible sodomy or abduction. Joyner, No. CR11-42, at 1 (Va. Cir. Ct. Jan. 6, 2012); see Joyner, No. CR11-258, at 1 (Va. Cir. Ct. Jan. 12, 2012); Joyner, No. CR11-259, at 1 (Va. Cir. Ct. Jan. 12, 2012) .

         On May 29, 2012, the same day as Joyner was sentenced for the crimes against A.D., Joyner was also sentenced for the crimes against S.P. The Circuit Court sentenced Joyner to the twenty-eight-year sentence imposed by the jury for the crimes against S.P. See Joyner, No. CR11-42, at 1 (Va. Cir. Ct. July 2, 2012); Joyner, No. CR11-258, at 1 (Va. Cir. Ct. July 2, 2012); Joyner, No. CR11-259, at 1 (Va. Cir. Ct. July 2, 2012). The Court entered judgment on these three counts on July 2, 2012. Joyner, No. CR11-42, at 2 (Va. Cir. Ct. July 2, 2012); Joyner, No. CR11-258, at 2 (Va. Cir. Ct. July 2, 2012); Joyner, No. CR11-259, at 2 (Va. Cir. Ct. July 2, 2012).

         Joyner appealed these convictions. On June 17, 2013, the Court of Appeals of Virginia denied Joyner's petition for appeal. (ECF No. 13-3, at 1.) On March 26, 2014, the Supreme Court of Virginia refused the petition for appeal. (ECF No. 13-4, at 2.) On June 13, 2014, the Supreme Court of Virginia denied Joyner's petition for rehearing. (ECF No. 13-4, at 1.)

         Because, in the end, it is of no import which set of convictions Joyner challenges because his § 2254 Petition is untimely, the Court simply assumes that Joyner intends to challenge all five of his convictions here.

         B. Habeas Proceedings

         Initially, Joyner filed no state habeas petition. Instead, on August 11, 2015, Joyner filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in this Court. Joyner v. Younce, No. 3:15CV468 (E.D. Va. filed Aug. 11, 2015). By Memorandum Opinion and Order entered on March 15, 2016, the Court dismissed without prejudice Joyner's § 2254 petition because he had failed to exhaust available state remedies. Joyner v. Younce, No. 3:15CV468, 2016 WL 1070821, at *2 (E.D. Va. Mar. 15, 2016).

         On May 6, 2016, Joyner filed a state habeas petition in the Supreme Court of Virginia. Petition for Writ of Habeas Corpus at 1, Joyner v. Younce, No. 160707 (Va. filed May 6, 2016.) On October 18, 2016, the Supreme Court of Virginia ...


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