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Briscoe v. Jarvis

United States District Court, D. Columbia.

January 9, 2015

TYRONE BRISCOE, Petitioner,
v.
TAMYRA JARVIS, Respondent

For TYRONE BRISCOE, Petitioner, Pro se, COLEMAN, FL.

For TAMYRA JARVIS, Respondent: Mary Ann Snow, LEAD ATTORNEY, U.S. ATTORNEY'S OFFICE, Washington, DC.

Page 184

MEMORANDUM OPINION

JAMES E. BOASBERG, United States District Judge.

Pro se Petitioner Tyrone Briscoe was convicted of multiple murders and several related crimes in two D.C. Superior Court trials in 1997. Since that time, he has besieged courts with collateral attacks, challenging virtually every aspect of his convictions and sentences. In this, his most recent Petition for a Writ of Habeas Corpus, Briscoe alleges prosecutorial misconduct at his trials, and he also raises several issues stemming from one of his criminal appeals. Because the Court lacks jurisdiction over all but one of these claims, and because the remaining challenge is barred by the statute of limitations, the Court will dismiss the Petition.

Page 185

I. Background

The background of Briscoe's case is relatively straightforward. In 1997, a jury found him guilty of two counts of armed first-degree murder and two counts of assault with intent to kill (AWIK) while armed. See Opp., Exh. C (Briscoe v. United States, No. 97-1809, slip. op. (D.C. Apr. 25, 2005)) at 1. He was given consecutive indeterminate sentences of thirty years to life for each murder count, and ten to thirty years for each count of AWIK. See id. at 2. The D.C. Court of Appeals affirmed these convictions on April 25, 2005. See id. at 5.

In a second, unrelated trial in 1997, Briscoe was again convicted of first-degree murder, as well as conspiracy to commit murder, obstruction of justice, and possession of a firearm during a crime of violence. See id., Exh. K (United States' Opposition to Motion to Vacate or Set Aside Convictions) at 3. He was sentenced to thirty years to life for murder, fifteen years to life for obstruction, twenty to sixty months for conspiracy, and five to fifteen years for the firearm offense, all of which terms were to run consecutively to each other. See id. at 4. This conviction, too, was affirmed by the D.C. Court of Appeals on November 3, 2004. See id., Exh. H (Briscoe v. United States & Proctor v. United States, Nos. 98-284, 02-1411, 98-625, & 03-72, slip. op. (D.C. Nov. 3, 2004)) at 4.

These proceedings, unfortunately, represent only a fraction of the litigation surrounding Briscoe's cases. Since 1998, he has barraged courts, both local and federal, with collateral attacks on his convictions and sentences. To date, he has filed at least half a dozen § 23-110 motions in D.C. Superior Court, the most recent of which was denied in 2013. See id., Exh. A (Docket in 1994-FEL-1478). He brought a § 1983 suit against judges and attorneys involved in his case in another court in this District. See Briscoe v. Wagner, No. 10-710, 2010 WL 1904925 (D.D.C. May 5, 2010). And he has previously brought no fewer than three other petitions for habeas relief in federal court. See Briscoe v. Conners, No. 02-1578, (D.D.C. Sep. 24, 2002); Briscoe v. Rios, No. 07-75, 2007 WL 1577778 (E.D. Ky. May 31, 2007); Briscoe v. Withers, No. 12-213, 2012 WL 5198470 (E.D. Ky. Oct. 19, 2012). Petitioner did not prevail in any of these actions.

Notwithstanding these failures, and apparently not one to be easily dissuaded, he enters court once again, seeking yet another Writ of Habeas Corpus. The result, however, will be the same.

II. Analysis

D.C. prisoners, like any others, are entitled to habeas relief if they establish that their " custody [is] in violation of the Constitution or laws or treaties of the United States . . . ." 28 U.S.C. § 2241(c)(3). In this Petition, Briscoe raises three issues. First, he claims that prosecutors threatened a witness against him at trial and did not disclose those threats to him as required under Brady v. Maryland,373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Second, he argues that procedural errors in the D.C. Court of Appeals -- namely, the government's failure to timely file a brief in one of his criminal appeals and the court's revocation of his pro ...


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