United States District Court, D. Arizona
REPORT AND RECOMMENDATION
LESLIE A. BOWMAN, Magistrate Judge.
Pending before the court is an amended petition for writ of habeas corpus filed on December 27, 2013, by Eva Lynn Mayfield, an inmate confined in the Arizona State Prison Complex in Goodyear, Arizona. (Doc. 9)
Pursuant to the Rules of Practice of this court, this matter was referred to Magistrate Judge Bowman for report and recommendation. LRCiv 72.2(a)(2).
The Magistrate Judge recommends the District Court, after its independent review of the record, enter an order dismissing the petition. It is time-barred.
Summary of the Case
Mayfield was convicted after a jury trial of "first-degree murder, first-degree burglary, three counts of aggravated assault, and four counts of kidnapping." (Doc. 16-2, p. 48) The trial court sentenced Mayfield to "prison terms totaling natural life plus forty-two years." Id., p. 49
On direct appeal, Mayfield challenged "the trial court's denial of her motion to suppress evidence, its denial of her motion for a judgment of acquittal, its refusal to admit medical records, its admission of other act evidence, and its refusal to admit a witness's written plea agreement." Id.
The Arizona Court of Appeals affirmed Mayfield's convictions and sentences on November 14, 2005. (Doc. 16-2, p. 48) The Arizona Supreme Court denied Mayfield's petition for review on May 23, 2006. (Doc. 16-3, p. 14) It does not appear that Mayfield filed a petition for review with the U.S. Supreme Court.
On July 6, 2006, Mayfield filed notice of post-conviction relief. (Doc. 16-3, p. 19) Appointed counsel was unable to find any meritorious issues, so the court gave Mayfield an opportunity to file a petition pro se. (Doc. 16-3, pp. 25-28) When Mayfield failed to file a timely petition, the trial court dismissed the post-conviction relief proceedings on March 21, 2007. (Doc. 16-3, p. 37)
Over four years later, on September 8, 2011, Mayfield filed a second notice of post-conviction relief. (Doc. 16-3, p. 40) The trial court denied Mayfield's petition on September 28, 2012, holding that her claim of ineffective assistance of trial counsel was waived and, in the alternative, meritless. (Doc. 16-4, pp. 2-8)
On December 24, 2012, Mayfield filed a third notice of post-conviction relief arguing her post-conviction relief attorney was ineffective for failing to argue that a witness, previously unavailable, has been found and she is entitled to relief pursuant to Martinez v. Ryan. (Doc. 16-4, p. 10, pp. 17-18) The trial court dismissed the notice on February 4, 2013. (Doc. 16-4, p. 17) The Arizona Court of Appeals granted review but denied relief on May 22, 2013. (Doc. 16-4, p. 28)
On August 15, 2013, Mayfield filed in this court a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 1) She filed the pending amended petition on December 27, 2013. (Doc. 9) She claims (1) she was arrested without a warrant, (2) her medical records should have been admitted at trial, (3) trial counsel was ineffective for agreeing to consolidate two cases against her, and (4) the evidence was insufficient to support her conviction for felony murder. (Doc. 9)
On July 10, 2013, the respondents filed an answer arguing among other things that the petition is time-barred. (Doc. 16) Mayfield did not file a reply. The ...