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Young v. Payne

United States District Court, E.D. Missouri, Eastern Division

October 15, 2019

DARNELL YOUNG, Petitioner,
v.
STANLEY PAYNE, Respondent.

          OPINION, MEMORANDUM AND ORDER

          HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE

         This matter is before the Court on review of petitioner Darnell Young's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons discussed below, petitioner will be directed to show cause why his petition should not be dismissed as time-barred.

         Background

         On January 11, 2008, a jury convicted petitioner of forcible rape and incest. State of Missouri v. Young, No. 0722-CR03741 (22nd Cir., City of St. Louis).[1] He was sentenced to twenty years' imprisonment on the rape conviction, and four years' imprisonment on the incest conviction, the sentences to run concurrently. Petitioner filed a notice of appeal on March 3, 2008.

         The Missouri Court of Appeals affirmed petitioner's convictions on February 3, 2009. State v. Young, 280 S.W.3d 111 (Mo. App. 2009). Petitioner filed an application for transfer to the Missouri Supreme Court on February 18, 2009. The motion was denied on March 10, 2009. On March 23, 2009, petitioner also filed an application for transfer in the Missouri Supreme Court. The motion was denied on May 5, 2009.

         On May 1, 2009, while petitioner's application for transfer was still pending, petitioner filed a state postconviction motion pursuant to Mo. S.Ct. R. 29.15. Young v. State of Missouri, No. 0922-CC01737 (22nd Cir., City of St. Louis). The motion was denied without an evidentiary hearing by the circuit court on November 3, 2009. Petitioner filed a notice of appeal on December 11, 2009.

         The Missouri Court of Appeals dismissed petitioner's appeal on June 9, 2010, for failure to comply with Mo. S.Ct. R. 84.05(a).[2] Young v. State of Missouri, No. ED94046 (Mo. App. 2010). Petitioner responded by filing an application for transfer to the Missouri Supreme Court, which the Court of Appeals denied as untimely. The Court of Appeals issued its mandate on July 12, 2010.

         On April 22, 2010, shortly before his appeal of the denial of his Rule 29.15 motion was dismissed, petitioner filed a petition for writ of mandamus in the Missouri Supreme Court. Young v. State of Missouri, No. SC90832 (Mo. 2010). The petition for writ of mandamus attacked the denial of an evidentiary hearing in his postconviction motion in Young v. State of Missouri, No. 0922-CC01737 (22nd Cir., City of St. Louis). Specifically, petitioner argued that he was entitled to relief due to his trial attorney's failure to secure DNA testing of certain evidentiary items. The Missouri Supreme Court denied the petition for writ of mandamus on May 14, 2010.

         Petitioner filed another petition for writ of mandamus on June 22, 2011, this time in the Missouri Court of Appeals. Young v. State of Missouri, No. ED96927 (Mo. App. 2011). The Court of Appeals denied the petition on June 27, 2011.

         Petitioner filed a petition for writ of habeas corpus in the Missouri Court of Appeals on November 17, 2011. Young v. State of Missouri, No. ED97615 (Mo. App. 2011). Shortly thereafter, on November 21, 2011, the petition was denied.

         On January 9, 2012, petitioner filed a petition for writ of habeas corpus pursuant to Mo. S.Ct. R. 91 in the Circuit Court of St. Francois County. Young v. Russell, No. 12SF-CC00009 (24thCir., St. Francois County). In the petition, he argued that he was entitled to an evidentiary hearing in his original postconviction motion, in order to challenge the DNA evidence in his case. The circuit court denied the petition on April 17, 2012. Petitioner did not file an appeal.

         On November 16, 2012, petitioner filed a petition for writ of habeas corpus pursuant to Mo. S.Ct. R. 91 in the Circuit Court of Cole County. Young v. State of Missouri, No. 12AC-CC00764 (19th Cir., Cole County). The circuit court denied the petition on February 25, 2013. Petitioner did not file an appeal.

         Petitioner filed a petition for writ of habeas corpus in the Missouri Court of Appeals on March 25, 2013. Young v. Russell, No. ED99744 (Mo. App. 2013). In the petition, he argued that he was entitled to an evidentiary hearing on the issue of DNA testing. The Court of Appeals denied the petition on April 16, 2013.

         On June 4, 2014, petitioner filed a petition for writ of mandamus in the Missouri Court of Appeals. State of Missouri ex rel. Young v. Mason, No. ED101526 (Mo. App. 2014). Petitioner again attacked the denial of an evidentiary hearing in his original ...


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