Butler v. Matteson

Background

Jamal X. Butler filed a petition under 28 U.S.C. § 2254 challenging state-court convictions for second-degree murder and being a felon in possession of a firearm, including a firearm-discharge enhancement. The petition appeared to raise claims about the trial court’s refusal to allow him to recall a witness, ineffective assistance by trial counsel, and actual innocence based on newly discovered evidence from Zebarious Sheppard.

The State moved to dismiss the federal petition under the one-year statute of limitations in 28 U.S.C. § 2244(d). Butler did not dispute that the petition was filed more than one year after his conviction became final. The court treated his discussion of new evidence as an argument that the limitations period began when the factual basis for that claim could have been discovered.

Statute of Limitations

The court found that Sheppard signed the relevant declaration on May 6, 2011, so Butler knew of the evidence by that date. Because the federal petition was filed on March 29, 2021, it was nearly ten years late under that method of calculating the deadline.

The court recognized that the limitations period was paused while Butler’s first state habeas petition was pending, from May 21, 2011, through July 25, 2013. But it held that the period between the denial of that petition and the filing of Butler’s second state petition was not paused. The second petition raised a new claim rather than merely explaining or correcting the first petition. The court also held that later state petitions could not restart a limitations period that had already expired, and that the delay before Butler filed a petition in a higher state court was not reasonable under the applicable rules.

The court separately noted that Butler’s claims about the absent witness and counsel were time-barred as well because he knew the underlying facts during his criminal trial.

Actual-Innocence Exception

The court considered whether Butler could avoid the deadline through the narrow exception for a claim of actual innocence. To use that exception, a petitioner must present reliable new evidence showing that it is more likely than not that no reasonable juror would have convicted him.

The court rejected the exception. State courts had twice found Sheppard’s testimony unreliable, citing, among other things, Sheppard’s friendship with Butler, their inaccurate statements about that friendship, Sheppard’s history of criminal conduct and lying to police, and inconsistencies about the declaration and his alleged observations. The federal court stated that it was bound by the state courts’ credibility determination and independently agreed that the testimony was unreliable. Butler therefore had not shown that he could proceed despite the expired deadline.

Disposition

The court granted the State’s motion to dismiss. It stated that all claims in Butler’s petition were time-barred, ordered the Clerk to enter final judgment and close the case, and declined to issue a certificate of appealability. The order also disposed of Docket Nos. 13 and 20.