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Youngblood v. Greiner

Trial and appellate courts reached merits of ?Miranda' claim; habeas petition denied.

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Judge Cote

YOUNGBLOOD v. GREINER — This petition has a tortured history. In an opinion of October 13, 1998 (the “October 13 Opinion”), Youngblood v. Greiner, No. 97 CIV. 3289 (DLC), 1998 WL 720681, (S.D.N.Y. Oct. 13, 1998), this Court dismissed without prejudice Guy Youngblood’s (“Youngblood”) federal habeas petition due to the existence of an unexhausted claim. After exhausting the one claim, the petitioner renewed his federal habeas petition. In an opinion on January 17, 2003 (the “January 17 Opinion”), Youngblood v. Greiner, No. 00 CIV. 7984, 2003 WL 145546, at *1 (S.D.N.Y. Jan. 21, 2003), this Court found that the petitioner had not diligently pursued either the exhaustion of that claim or the refiling of his dismissed petition following exhaustion. The January 17 Opinion nonetheless issued a certificate of appealability (“COA”) in order to allow the Court of Appeals to review the determination that AEDPA’s statute of limitations should not be equitably tolled in this case. The respondent filed timely objections and correctly pointed out that a COA cannot issue without reaching the merits of the petitioner’s claims. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). This Opinion will, where it is helpful to do so, draw from prior Opinions issued in connection with this petition to present and address the merits of the petition’s claims. When that discussion is complete, this Opinion will explain why a COA should not issue.

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