United States District Court, E.D. Virginia, Richmond Division
A. GIBNEY, JR., UNITED STATES DISTRICT JUDGE
Farmer, a Virginia state prisoner proceeding pro se,
brings this petition pursuant to 28 U.S.C. § 2254
("§ 2254 Petition," ECF No. 1), challenging
his convictions in the Circuit Court of the City of Richmond,
Virginia (hereinafter, "Circuit Court"). Respondent
moves to dismiss on the ground that the one-year statute of
limitations governing federal habeas petitions bars the
§ 2254 Petition. Farmer has responded. For the reasons
set forth below, the Motion to Dismiss (ECF No. 7) will be
1988, Lorenzo Williams was convicted of "the 1987 murder
of Eathel Fraenzel ('the grandmother'), rape of P.F.,
and statutory burglary and robbery of P.F. or the grandmother
or both." Farmer v. Commonwealth, 737 S.E.2d
32, 34 (Va. Ct. App. 2013). Williams's "accomplice
remained at large until Farmer was identified through DNA
evidence in 2010." Id. Thereafter, Farmer also
was convicted of murder, rape, statutory burglary, and
robbery in the Circuit Court. Id. Farmer appealed.
On January 29, 2013, the Court of Appeals of Virginia
affirmed his conviction. Id. On July 19, 2013, the
Supreme Court of Virginia refused Farmer's petition for
appeal. Farmer v. Commonwealth, No. 130379 (Va. July
26, 2014, Farmer, with counsel, filed a petition for a writ
of habeas corpus in the Circuit Court. Petition for a Writ of
Habeas Corpus 1, Farmer v. Barksdale, No. CL14-25 86
(Va. Cir. Ct. filed June 26, 2014). In that petition, Farmer
claimed that he was entitled to relief because he was denied
the effective assistance of counsel. Id. at 5.
Specifically, Farmer asserted that his trial counsel failed
to inform him of a plea offer made by the prosecution after
trial, but before sentencing. Id. at 4-5. On
November 21, 2017, the Circuit Court denied Farmer's
petition for a writ of habeas corpus. Farmer v.
Barksdale, No. CL14-2586, at 23-24 (Va. Cir. Ct. Nov.
April 19, 2018, Farmer filed an untimely notice of appeal
with the Circuit Court and requested an extension of time
with respect to his untimely appeal. Notice of Appeal 1,
Farmer v. Barksdale, No. CL14-2586 (Va. Cir. Ct.
filed April 19, 2018); Letter 1, Farmer v.
Barksdale, No. CL14-2586 (Va. Cir. Ct. filed April 19,
2018). On May 1, 2018, the Supreme Court of Virginia denied
Farmer's request for an extension of time. Farmer v.
Barksdale, (Va. May 1, 2018). On July 10, 2018, Farmer
filed a Motion for an Extension of Time to Appeal with the
Supreme Court of Virginia. Motion for Extension of Time 1,
Farmer v. Barksdale, (Va. filed July 10, 2018). The
Supreme Court of Virginia took no action on that motion.
October 12, 2018, Farmer filed his § 2254 Petition with
this Court. In his § 2254 Petition, Farmer
contends that he is entitled to relief upon the following
Claim One Farmer's indictments should have been quashed
because the prosecutor had previously maintained that another
individual committed the crimes. (§ 2254 Pet. 23.)
Claim Two "The Due Process Clause prohibits prosecuting
Farmer and Williams under inconsistent theories of who
committed the rape." (Id. at 24.)
Claim Three Insufficient evidence existed to convict Farmer
of any crime. (Id. at 26.)
Claim Four Farmer failed to receive the effective assistance
of counsel because trial counsel failed to inform Farmer of a
plea offer made by the prosecution prior to sentencing.
(Id. at 42.)
Statute of Limitations
Respondent contends that the federal statute of limitations
bars Farmer's claims. Section 101 of the Antiterrorism
and Effective Death Penalty Act ("AEDPA") amended
28 U.S.C. § 2244 to establish a one-year period of
limitation for the filing of a petition for a writ of habeas
corpus by a person in custody pursuant to ...