The Tenth Circuit Court of Appeals issued its opinion in Sigala v. Bravo on Tuesday, August 30, 2011.
The Tenth Circuit denied Petitioner’s application for certificate of appealability and dismissed the appeal. Petitioner was convicted of first-degree murder, armed robbery, tampering with evidence, and conspiracy; having no success with appeals and habeas relief in state courts, he turned to the federal courts. The petition came before a magistrate judge, who recommended it be dismissed with prejudice because it was filed several years after Petitioner’s conviction became final. The district court adopted the recommendation and dismissed the petition.
The Court agree with the lower courts’ decisions. Petitioner failed to meet his burden of showing extraordinary circumstances justifying equitable relief. And since his habeas petition was otherwise untimely, no reasonable jury could conclude the dismissal of the petition was incorrect.