United States District Court, D. Arizona
HONORABLE STEVEN P. LOGAN, UNITED STATES DISTRICT JUDGE.
HONORABLE JOHN Z. BOYLE UNITED STATES MAGISTRATE JUDGE
James Kevin Frazier has filed a Petition for Writ of Habeas
Corpus pursuant to 28 U.S.C. § 2254. (Doc. 1.)
Summary of Conclusion.
17, 2010, Petitioner was sentenced, pursuant to a guilty
plea, to a 10-year term of imprisonment, to be followed by
lifetime probation on two other counts. Petitioner's
conviction became final on October 18, 2012, when the Arizona
Supreme Court denied and thus ended his first post-conviction
review proceedings. Petitioner filed two subsequent PCR
proceedings, but those proceedings were dismissed as
successive and untimely. This habeas Petition was due on
October 18, 2013, but was not filed until December 6, 2017.
There are no grounds for equitable tolling. The Petition is
untimely. Therefore, the Court will recommend that the
Petition be denied and dismissed with prejudice.
February 4, 2010, the State charged Petitioner with four
counts of molestation of a child, class 2 felonies and
dangerous crimes against children. (Doc. 9-1, Ex. A, at 4.)
The presentence investigation report contains the following
On or between October 4, 2007, and October 14, 2009, the
defendant engaged in sexual contact with a minor female on
several occasions when she was between the ages of ten and
eleven. This sexual contact involved the victim (who is the
daughter of Mr. Frazier's former girlfriend) masturbating
the defendant's penis. Mr. Frazier, who was residing with
the victim and her mother when these molestations took place,
would not allow the victim to do certain things (such as play
with her friends at a swimming pool) unless she promised to
masturbate him. These illegal sexual encounters were brought
to the attention of the police by a friend of the
victim's mother, and after initially claiming the
defendant had not molested her, the victim that he had
molested her as described above.
During a confrontation call made by the victim's mother
to the defendant (the conversation was monitored by the
police), Mr. Frazier admitted, “okay it happened one
time.” Further, the defendant stated he would tell the
truth about this matter “to the police, the judge, the
jury, and everybody, ” commenting that the victim
deserves that. The defendant later met with the victim's
mother at a local fast food restaurant, at which time the
police contacted Mr. Frasier and told him they wanted to hear
his side of the story. Mr. Frazier did not wish to answer any
questions outside the presence of his attorney, and he left
the restaurant at that point.
(Doc. 9-1, Ex. E, at 35.)
Plea and Sentencing.
19, 2010, Petitioner accepted a plea agreement and pleaded
guilty to three counts of attempted molestation of a child.
(Doc. 9-1, Ex. B, at 9.) On June 17, 2010, the trial court
sentenced Petitioner to the stipulated agreement of 10 years
in prison on Count One and consecutive lifetime probation on
Counts Two and Three. (Doc. 9-1, Ex. F, at 74.)