Rivera v. Mullin, et al, No. 11-6180 (10th Cir. 2011)
Annotate this CasePro se prisoner Petitioner Ramon Rivera sought a certificate of appealability (COA) to challenge a district court's dismissal of his petition for habeas relief as untimely. In 2009, pursuant to a plea agreement Rivera pled no contest to unlawful possession of a controlled drug with intent to distribute. He was sentenced 15 years imprisonment. Rivera did not timely appeal, but later sought state post-conviction relief. The Oklahoma district court dismissed his petition and the Oklahoma Court of Criminal Appeals affirmed. Proceeding pro se, Petitioner filed for habeas relief. He contended he was denied the effective assistance of counsel and he did not voluntarily, intelligently or knowingly waive his right to a jury trial. Upon review, the Tenth Circuit found that Petitioner filed his petition one year after his conviction became final. The Court denied Petitioner's application for a COA and dismissed his appeal.
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