Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Baskin v. Ryan

United States District Court, D. Arizona

February 20, 2018

Thomas Baskin, Petitioner,
v.
Charles Ryan, et al., Respondents.

          TO THE HONORABLE DAVID G. CAMPBELL, UNITED STATES DISTRICT JUDGE:

          REPORT AND RECOMMENDATION

          John Z. Boyle, United States Magistrate Judge

         Petitioner Thomas Baskin has filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (Doc. 1.)

         I. SUMMARY OF CONCLUSION.

         On January 17, 1997, Petitioner was sentenced pursuant to signed plea agreements in two separate cases. On September 26, 2016, Petitioner filed a notice for post-conviction relief proceedings. Petitioner's PCR proceeding was dismissed as untimely. Petitioner filed for habeas relief on June 9, 2017 regarding CR 96-93926. Statutory tolling does not apply because Petitioner's PCR proceeding was untimely. Equitable tolling does not apply because Petitioner has not exercised reasonable diligence. Therefore, the Court will recommend the Petition be dismissed.

         11. BACKGROUND.

         a. Facts.

         The Presentence Report includes a summary of the underlying facts of Petitioner's offense in CR 96-93926:[1]

[I]nformation was received that she had been sexually assaulted by [Petitioner] some time between August 1, 1995, and November 1, 1995, during the afternoon hours. [The victim] related she was sitting in the living room watching television when [Petitioner] asked her to go into the bedroom. After she declined, [Petitioner] dragged her into the master bedroom and covered her mouth because she was yelling, “No! No!” Once in the master bedroom, he laid her on the bed, removed her panties, pushed up her house dress, and penetrated her vagina with his penis. [The victim] related intercourse did not last very long and that once [Petitioner] got off of her he had “white stuff” all over himself, which he then washed off in the bathroom. [The victim] indicated [Petitioner] threatened her by telling her if she told anyone about what he did, he would “beat her up.” [The victim] stated she was afraid of [Petitioner], but later told her son . . . that [Petitioner] had raped her, and her son confirmed this information.

(Doc. 1 at 26.)

         b. Plea and Sentencing.

         On January 17, 1997, in CR 96-90229, Petitioner was sentenced (pursuant to a plea agreement) to 23.25 years of imprisonment for Sexual Assault committed on January 12, 1996. (Id. at 18.)

         On January 17, 1997, in CR 96-93926, Petitioner was sentenced (pursuant to a plea agreement) to a consecutive term of lifetime probation for Sexual Assault committed between August 1, 1995 and October 31, 1995. (Id. at 10-12.)

         c. Post-Conviction Relief Proceedings and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.