U.S. Court of Appeals for the Tenth Circuit
William J. Barnett, Also Known as William Barnett v. Tim Lemaster, Warden, New Mexico State Penitentiary Attorney General for the State of New Mexico
This writing
- Type
- Opinion
- Author
- Mary Beck Briscoe
- Filed
- Feb. 9, 1999
- Case
- William J. Barnett, Also Known as William Barnett v. Tim Lemaster, Warden, New Mexico State Penitentiary Attorney General for the State of New Mexico
- Case status
- Decided
Opening text
The first passage of the document, as extracted by the source provider.
BRISCOE, Circuit Judge Petitioner William Barnett, a state prisoner appearing pro se, appeals the district court’s dismissal of his 28 U.S.C. § 2254 ha-beas petition on statute of limitations grounds. We reverse and remand for further proceedings. Barnett was convicted in 1991 of two counts of second degree criminal sexual penetration, kidnaping, aggravated burglary, attempted armed robbery, possession of a firearm or destructive device by a felon, and misdemeanor aggravated battery. He was sentenced to a total term of imprisonment of forty-six and one-half years. His convictions and sentence were affirmed on direct state appeal on July 2, 1992, and his petition for writ of certiorari was denied by the state supreme court on August 14,1992. Barnett’s habeas petition in state court was denied on August 22, 1995, and he did not seek certiorari review. He filed a second habeas petition in state court on April 17, 1997, reasserting many issues previously raised and at least one new issue — constitutionality of sentencing. His second habeas petition was denied on April 22,1997, and his petition for writ of certiorari was denied by the state supreme court on May 29, 1997. The present hab…
Source Extract supplied by CourtListener. Benchlight does not host the document — read the authoritative text in the court's own PDF.