United States District Court, D. Arizona
HONORABLE DAVID G. CAMPBELL, UNITED STATES DISTRICT JUDGE:
REPORT AND RECOMMENDATION
Z. Boyle, United States Magistrate Judge
Thomas Baskin has filed a pro se Petition for Writ of Habeas
Corpus pursuant to 28 U.S.C. § 2254. (Doc. 1.)
SUMMARY OF CONCLUSION.
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.
Presentence Report includes a summary of the underlying facts
of Petitioner's offense in CR
[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
(Doc. 1 at 26.)
Plea and Sentencing.
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.)
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
Post-Conviction Relief Proceedings and ...