No. 20-7809

Julian J. Miller v. Dylon Radtke, Warden

Lower Court: Seventh Circuit
Docketed: 2021-04-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: access-of-court access-to-court actual-innocence constitutional-claim constitutional-rights due-process habeas-corpus heck-bar ineffective-assistance statute-of-limitations
Key Terms:
HabeasCorpus
Latest Conference: 2021-06-03
Question Presented (AI Summary)

Does §2244(d)(1)(A) apply to a habeas petitioner's access-of-court claim that is barred by Heck & can't accrue until the state habeas corpus remedy is exhausted?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Julian Miller is a Wisconsin state prisoner who is serving a Life sentence for convictions that he alleges were the bi ~product of Ineffective Assistance of counsel, Confrontations, Eéwards/Miranda, & Napue violations. Miller never recieved an adjudication of these Constitutional claims in state court because his Direct Appeal was dismissed on Januart 21,2016. . Miller,however, filed a state habeas corpus alleging the inter -ference & retaliatory acts of prison Business Office staff a . viooated his 1st,i4th Amend., & Access to the court Right and 7 caused the Actual Injury of his Direct Appeal being dismissed. After the state habeas corpus court refused to reinstate his Direct Appeal Rights, Miller's @2254 Petition sought the same . equitable remedy from both the District court & 7th Circuit. Miller's Petition also included the above~mentioned conviction related Constitutional claims ., The District court used @2244(d) ~(1)(A) to dismiss Miller's entire Petition even though the Access claims couldn't acerue until they were raised in the state habeas. The 7th Circuit denied a COA by sidestepping the procedural issue & finding no substantial showing of a : Constitutional violation, In light of Miller's Access of court claims being barred by Heck from a 42USC @1983 Forum & an Actual Innocence claim bering ~ able to serve as a Gateway through O@2244(A) (1) (A), this Petition presents the court with the following questions: 1)Does @2244(d)(1)(A) apply to a Habeas Petitioner's Access of Court claim that is barred by Heck & can't accrue pursuant to Christopher v, Harbury until the state habeas corpus remedy is exhausted? 2.)ITf such an access claim is independtly raised, can a Habeas . Petitioner use it, like a petitioner with an actual innocence claim, and bust thru @2244(d)(1)(A) to obtain Habeas relief? A TABLE OF CO sTEBUTS , Jorks htc Hen >. | elere nk Galthbuttrrol ond , St ke ymentol Cece BH G | ReeSenl Wr Erent inc, Rovee) am Bock ww Boyes LBD Set 7SG (Soi7) & lon San Sand a _— _ g Stephec vi Herbose S384 OS YoR a ___ SS US 7 54505 385 Dew A Fy el Cook ese Bctpe) | 835 0S S3hloe! ete, Sf Ske te ey pel. Wien uv Rithemlen, C¥ mw dd C7 G6 COM, Ti lisovS) $C1 OS Pe — i =

Docket Entries

2021-06-07
Petition DENIED.
2021-05-19
DISTRIBUTED for Conference of 6/3/2021.
2021-05-13
Waiver of right of respondent Dylon Radtke to respond filed.
2021-04-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 20, 2021)

Attorneys

Dylon Radtke
Daniel J. O'BrienWI Department of Justice, Respondent
Daniel J. O'BrienWI Department of Justice, Respondent
Julian J. Miller
Julian J. Miller — Petitioner
Julian J. Miller — Petitioner