Timothy Alan Latner v. Eric Guerrero

Summary

The United States District Court for the Southern District of Texas dismissed Timothy Alan Latner’s 28 U.S.C. § 2254 petition challenging his Texas aggravated-sexual-assault convictions. The court held that the petition was barred by AEDPA’s one-year statute of limitations, rejected statutory and equitable tolling arguments including actual innocence, dismissed the petition with prejudice, and denied a certificate of appealability.

Holdings

1. The petition is time-barred because it was filed on December 4, 2024, well after the one-year limitations period expired on April 5, 2021.
2. Equitable tolling does not apply because the petitioner has not shown extraordinary circumstances or diligent pursuit of his rights.

Questions Presented

1. Whether the federal habeas corpus petition is barred by the one-year statute of limitations under 28 U.S.C. § 2244(d)
2. Whether the petitioner has demonstrated actual innocence to overcome the statute of limitations

Disposition

dismissed