Habeas corpus Murder Second or successive' petition.


Byline: R.I. Lawyers Weekly Staff

Where a petitioner convicted in state court of murder has requested habeas corpus relief, the petition must be dismissed as time-barred under the one-year limitations period established by the Antiterrorism and Effective Death Penalty Act, 28 U.S.C. 2244(d)(1)(A).

"On January 10, 1983, Anthony DeCiantis ('DeCiantis') pleaded guilty to two counts of murder and one count of possession of a sawed-off shotgun in Case No. P1-1983-0024C. Less than a year later, DeCiantis was convicted of a third murder in Case No. P1-1983-0418A; for that conviction, he was sentenced to life in prison to run consecutively to his previously imposed sentence.

"DeCiantis has filed five unsuccessful applications for postconviction relief in state court in 1985, 1993, 1998, 2015, and 2018. ...

"Thereafter, DeCiantis filed the instant petition. He again argues R.I. Gen. Laws 11-23-1 is unconstitutional because it does not include a penalty, and therefore his P1-1983-0024C and P1-1983-0418A convictions should be vacated.

" Where a petition is 'second or successive', a petitioner must request authorization from the Court of Appeals before filing in the federal district court. ... Additionally, the AEDPA provides a one-year limitations period for habeas petitions, which runs, relevantly, from the date judgment becomes final.

" In the instant petition, DeCiantis seeks to vacate the judgments of both his P1-1983-0024C and P1-1983-0418A convictions. ... He admits this is his fourth habeas petition filed in this Court regarding his P1-1983-0418A conviction. ... There is no indication that DeCiantis has received authorization to proceed, and therefore the Court...

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