Thomas v. Meko, No. 14-6227 (6th Cir. 2016)
Annotate this CaseDuring a 2002 cocaine sale, Thomas held a handgun to Burdette's head and demanded the cocaine. When Burdette refused, Thomas shot him three times in the chest, then fled. Burdette later died. In 2004, Thomas was convicted of murder and sentenced to 40 years in prison. In 2006, the Kentucky Supreme Court affirmed. Thomas unsuccessfully moved to vacate on grounds of ineffective assistance of counsel under Ky.R.Crim.P. 11.42(3), which requires that the movant “state all grounds for holding the sentence invalid of which the movant has knowledge.” In 2009, Thomas again sought post-conviction relief, alleging that he had recently discovered evidence (Burdette’s funeral program) that could have been used to impeach testimony. The court denied Thomas’s filing on the merits; as to his Rule 11.42 motion, the court held that the prosecution’s alleged failure to produce evidence had not prejudiced Thomas; as to his Rule 60.02 motion, the court held that Thomas’s allegations did not justify relief. In 2013, the Kentucky Supreme Court denied review. The district court dismissed his federal application, concluding that Thomas’s 2009 motion did not toll the federal habeas statute of limitations because it was “not properly filed.” The Sixth Circuit reversed. Whether an application for state post-conviction relief was properly filed does not depend whether its claims are meritorious and free of procedural bar. Thomas’s 60.02 motion was rejected on the merits, not because it failed to comply with rules governing filings, and was “properly filed” for purposes of 28 U.S.C. 2244(d)(2).
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