Eric Robinson v. J. Pickett

I.

INTRODUCTION

Petitioner Eric Robinson (“Petitioner”) has filed a pro se Petition for Writ of Habeas Corpus (“Petition”) pursuant to 28 U.S.C. § 2254. It appears, however, the Petition is subject to dismissal as untimely. The Court will provide Petitioner an opportunity to address this issue before making a final determination regarding whether the Petition should be dismissed.

II.

BACKGROUND

A. STATE COURT PROCEEDINGS

On January 10, 1994, following a jury trial in the Los Angeles County Superior Court, Petitioner was convicted of murder, attempted murder, kidnapping, oral copulation, rape, sodomy, oral copulation in concert, and a firearm enhancement. Dkt. 1 at 2. On May 5, 1994, Petitioner was sentenced to an indeterminate term of life in state prison without the possibility of parole on count 1 as well as a total determinate sentence of 43 years to be served first and consecutive to the indeterminate sentence. See dkt. 1 at 12, 78. On June 30, 1994, Petitioner filed an appeal in the California Court of Appeal. Dkt. 1, Pet. at 2-3, 13; Cal. Courts, Appellate Courts Case Info., Docket, https://appellatecases.courtinfo.ca.…