United States District Court, D. Arizona
REPORT AND RECOMMENDATION
Honorable John Z. Boyle United States Magistrate Judge
HONORABLE SUSAN R. BOLTON, SENIOR UNITED STATES DISTRICT
Arthur Black filed an amended pro se Petition for Writ of
Habeas Corpus pursuant to 28 U.S.C. § 2254. (Doc. 5.)
Summary of Conclusion.
raises two grounds for relief in his Petition.
Petitioner's state proceedings were final on October 10,
2016 and this Petition was due one year later. But Petitioner
did not file a habeas petition until October 22, 2018.
Petitioner's claims are untimely by more than one year.
Petitioner was able to research and file numerous pleadings
in the state courts, so he is not entitled to equitable
tolling. Therefore, the Court will recommend that the
Petition be denied and dismissed with prejudice.
Preceding Crimes and Plea Proceedings.
Respondents offered the following facts, which are
uncontested by Petitioner:
This case stems from three separate prosecutions that
culminated in a single probation violation. In
CR2007-116233-001 (“2007 Case”), the State
charged Black via indictment on February 21, 2008
with two counts of aggravated DUI. The presentence report
states the circumstances of the crime:
On March 11, 2007, at approximately 1:13 a.m., Arthur Black
was asleep in the driver's seat of his vehicle, while in
the drive-through lane of a fast-food restaurant. The
defendant, who told police that he was too intoxicated to
perform Field Sobriety Tests, exhibited signs and symptoms of
driving under the influence of alcohol. His New Mexico driver
license was suspended, and he registered .181 and . 182 on
Black agreed to plead guilty to one count of aggravated DUI,
in exchange for up to 10 years of probation, including a
4-month prison term, that ran concurrently to the sentence in
the 2008 case. The trial court accepted the plea.
In CR2008-007161-001 (“2008 Case”), the State
charged Black via information on July 2, 2008 with
one count of aggravated DUI. The presentence report describes
the circumstances of this crime:
On February 13, 2008, at approximately 1:30 a.m., police
conducted a traffic stop on the vehicle the defendant was
driving after he made an improper turn. He exhibited signs
and symptoms of driving under the influence of alcohol. Mr.
Black refused to perform Field Sobriety Tests. Police
obtained a warrant, and a phlebotomist drew his blood at 2:51
in the early morning. The results indicated a .244 percent
blood alcohol concentration.  The defendant had two
outstanding warrants, including one for aggravated driving
under the influence.
Black again agreed to plead guilty in exchange for up to 10
years' probation with a 4-month prison term served
concurrently with the sentence in the 2007 case. The trial
court accepted this plea as well. The trial court suspended
sentences in both the 2007 and 2008 cases and imposed
concurrent penalties of five years' probation and four
months in prison.
In CR2011-146197-001 (“2011 Case”), the State
charged Black via indictment on October 17, 2011
with aggravated assault, assault, and three counts of
disorderly conduct. According to Black's sentencing
memorandum, he became involved in a drunken argument with his
girlfriend and her adult daughter when they refused to give
him the keys to their vehicle, supposedly so he could silence
the car alarm. The daughter reported that Black brandished a
knife, made threats, and shoved her. The women called 9-1-1,
and by then, Black dropped the knife.
Black agreed to plead guilty to aggravated assault and one
count of disorderly conduct in exchange for a prison sentence
ranging from 0.5-2 years for the disorderly conduct offense
followed by probation for the aggravated assault conviction.
The trial court accepted the plea. The court sentenced Black
to 1 year imprisonment on the disorderly conduct count
followed by 3 years' probation on the ...