Douglas Alan Frasch v. James Peguese, Warden J. Joseph Curran, Jr., the Attorney General of the State of Maryland
Court of Appeals for the Fourth Circuit
1DissentNiemeyer, Circuit Judge
I would affirm the judgment of the district court, dismissing this habeas proceeding as untimely under AEDPA, 28 U.S.C. § 2244(d)(1)(A), and therefore I respectfully dissent.
On December 14, 1989, Douglas Frasch was sentenced in a Maryland state court on his guilty plea to a charge of sexual assault. Frasch sought no direct review of his judgment of conviction within the 30 days allowed for appealing such judgments under Maryland procedure. Accordingly, Frasch’s judgment of conviction became final in January 1990.
Ten • years later — on December 13, 1999 — Frasch - first sought postconviction…
2Cases cited4 opinions
- Carey v. SaffoldSupreme Court of the United States · 2002
- Wilson v. StateCourt of Appeals of Maryland · 1979
- Dixon v. StateCourt of Special Appeals of Maryland · 1990
- Michael v. StateCourt of Special Appeals of Maryland · 1991