Castle V. State of Maine

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STATE OF MAINE KENNEBEC, ss SUPERIOR COURT CNILACTION Docket No. CR-11-:5q3 N' !V1- KE f,J- yr1 , " !) THOMAS CASTLE, Petitioner v. STATE OF MAINE, ORDER ON STATE'S MOTION TO DISMISS AND PETITIONER'S MOTION TO EXTEND TIME Respondent Before the court is the State's motion to dismiss the petition for post-conviction \~/ . review and the petitioner's second motion to extend time. For the following reasons, the State's motion to dismiss is denied and the petitioner's motion to extend time is granted. One June 7, 2010, the petitioner pleaded guilty to criminal charges in a Rule 11 proceeding. He was sentenced that day. On June 24, 2011, the petitioner filed a motion to extend the time within which to file a petition for post-conviction review. The motion was denied on 7/7/11. The petitioner filed a second motion to extend the time within which to file a petition. The court did not act on the second motion. The petitioner filed a petition for post-conviction review on 7/21/11. The State argues the petition should have been filed by 6/8/11. Even allowing for a 21-day period of appeal, which is not available on a plea of guilty, the State argues the petition should have been filed on 6/28/11. The State argues that because the petition was filed beyond the one-year limit and the time limit is jurisdictional, the court is "without jurisdiction to hear this post-conviction." 2128(5). (Resp. Mot. 2.); 15 M.R.S. § The petition for post-conviction review filing deadline was adopted in Maine in 1997 and is "modeled after the federal habeas corpus statute, 28 United States code, section 2244." Finch v. State, 1999 ME 108, l]I 7, 736 A.2d 1043 (quoting L.D. 1533, Summary (118th Legis. 1997). The U.S. Supreme Court has stated, while discussing the deadline imposed by the federal habeas corpus statute, "a statute of limitations defense . . . is not 'jurisdictional."' Day v. McDonough, 547 U.S. 198, 205 (2006). Accordingly, the court declines to grant the motion to dismiss, especially considering the reasons stated by the petitioner in his second motion to extend time. The entry is The State's Motion to Dismiss is DENIED. The Petitioner's Second Motion to Extend Time is GRANTED. The time within which to file the petition is extended to 7/21/11. / .. Date: August 9, 2012 Nancy Mills Justice, Superior Court THOMAS M CASTLE vs STATE OF MAINE SUPERIOR COURT KENNEBEC, ss. Docket No AUGSC-CR-2011-00563 DOCKET RECORD PL. DOB: 12/03/1957 PL. ATTY: DAVID PARIS 72 FRONT STREET BATH ME 04530-2657 APPOINTED 10/20/2011 State's Attorney: EVERT FOWLE Filing Document: PETITION Filing Date: 07/21/2011 Major Case Type: POST CONVICTION REVIEW Charge(s) Docket Events: 07/28/2011 FILING DOCUMENT - PETITION FILED ON 07/21/2011 07/28/2011 POST CONVIC. REVIEW - REVIEW SENT FOR REVIEW ON 07/28/2011 10/18/2011 POST CONVIC. REVIEW - ASSIGNMENT ASSIGNED TO DOCKET ON 09/29/2011 WILLIAM R ANDERSON , JUSTICE 10/18/2011 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 07/21/2011 10/20/2011 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 10/19/2011 NANCY MILLS JUSTICE COPY TO PARTIES/COUNSEL 10/20/2011 Party(s): THOMAS M CASTLE ATTORNEY - APPOINTED ORDERED ON 10/20/2011 I Attorney: DAVID PARIS 11/01/2011 ORDER - TRANSCRIPT ORDER FILED ON 11/01/2011 Attorney: DAVID PARIS PLEA AND SENTENCING 12/28/2011 SUPPLEMENTAL FILING - AMENDED PETITION FILED ON 12/27/2011 05/07/2012 MOTION - MOTION TO DISMISS FILED BY STATE ON 05/03/2012 05/07/2012 MOTION - MOTION FOR EXTENSION OF TIME FILED BY STATE ON 05/03/2012 05/07/2012 POST CONVIC. REVIEW 05/07/2012 ORDER - RESPONSE TO PETITION FILED ON 05/03/2012 TRANSCRIPT ORDER FILED ON 05/03/2012 05/07/2012 POST CONVIC. REVIEW - ASSIGNMENT ASSIGNED TO JUSTICE ON 05/03/2012 NANCY MILLS JUSTICE 05/08/2012 HEARING- MOTION FOR ENLARGEMENT OF TIME SCHEDULED FOR 05/29/2012 at 03:00p.m. NANCY MILLS I JUSTICE NOTICE TO PARTIES/COUNSEL 05/08/2012 HEARING - MOTION FOR ENLARGEMENT OF TIME NOTICE SENT ON 05/08/2012 I 05/29/2012 HEARING CR 200 MOTION FOR ENLARGEMENT OF TIME CONTINUED ON 05/29/2012 Page l of 3 Printed on: 08/16/2012 STATE OF MAINE AUGSC-CR-2011-00563 DOCKET RECORD 06/20/2012 HEARING - MOTION FOR ENLARGEMENT OF TIME SCHEDULED FOR 07/09/2012 at 03:00 p.m. NANCY MILLS , JUSTICE NOTICE TO PARTIES/COUNSEL 06/20/2012 HEARING - MOTION FOR ENLARGEMENT OF TIME NOTICE SENT ON 06/20/2012 07/11/2012 HEARING - MOTION FOR ENLARGEMENT OF TIME HELD ON 07/09/2012 NANCY MILLS , JUSTICE Attorney: DAVID PARIS DA: PAUL RUCHA PHONE CONFERENCE 07/11/2012 POST CONVIC. REVIEW - PCR CONFERENCE HELD ON 07/09/2012 NANCY MILLS , JUSTICE Attorney: DAVID PARIS DA: PAUL RUCHA 07/11/2012 MOTION - MOTION FOR EXTENSION OF TIME GRANTED ON 07/09/2012 NANCY MILLS , JUSTICE AFTER TELEPHONE CONFERENCE, STATE'S MOTION TO EXTEND GRANTED OVER OBJECTION. COPY TO ATTY PARIS AND ADA RUCHA 07/11/2012 POST CONVIC. REVIEW - ORDER RESULTING FROM PCR CONF FILED ON 07/09/2012 NANCY MILLS , JUSTICE EVIDENTIARY HEARING: 2 TO 4 HOURS. COPY TO ATTY PARIS AND ADA RUCHA 07/12/2012 HEARING - MOTION TO DISMISS SCHEDULED FOR 07/18/2012 at 02:00p.m. NANCY MILLS , JUSTICE NOTICE TO PARTIES/COUNSEL 07/12/2012 HEARING - MOTION TO DISMISS NOTICE SENT ON 07/12/2012 07/12/2012 WRIT - HABEAS CORPUS TO PROSECUTE ORDERED ON 07/12/2012 07/12/2012 WRIT - HABEAS CORPUS TO PROSECUTE ISSUED ON 07/12/2012 CERTIFIED COPY TO SHERIFF DEPT. 07/19/2012 MOTION - OTHER MOTION FILED BY STATE ON 07/19/2012 DA: PAUL RUCHA MOTION FOR COURT ORDER REQUIRING ATTORNEY TO PROVIDE INFORMATION TO THE 07/20/2012 MOTION - OTHER MOTION GRANTED ON 07/19/2012 NANCY MILLS , JUSTICE MOTION FOR COURT ORDER REQUIRING ATTORNEY TO PROVIDE INFORMATION TO THE 08/16/2012 MOTION - MOTION FOR EXTENSION OF TIME FILED BY PETITIONER ON 05/03/2012 08/16/2012 MOTION - MOTION FOR EXTENSION OF TIME GRANTED ON 08/09/2012 NANCY MILLS , JUSTICE COPY TO PARTIES/COUNSEL 08/16/2012 HEARING - MOTION TO DISMISS HELD ON 07/18/2012 NANCY MILLS JUSTICE ' Attorney: DAVID PARIS DA: PAUL RUCHA Defendant Present in Court 08/16/2012 MOTION - MOTION TO DISMISS DENIED ON 08/09/2012 NANCY MILLS , JUSTICE COPY TO PARTIES/COUNSEL Page 2 of 3 CR 200 STATE I s ATTY 0 STATE'S ATTY. Printed on: 08/16/2012 STATE OF MAINE AUGSC-CR-2011-00563 DOCKET RECORD 08/16/2012 ORDER - COURT ORDER FILED ON 08/09/2012 NANCY MILLS , JUSTICE ORDER ON STATE'S MOTION TO DISMISS AND PETITIONER'S MOTION TO EXTEND TIME A TRUE COPY ATTEST: Clerk CR 200 Page 3 of 3 Printed on: 08/16/2012

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