Julian J. Miller v. Dylon Radtke, Warden
HabeasCorpus
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?
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 =