United States District Court, W.D. Washington, Seattle
PATRICK S. CRICK, Petitioner,
JAMES KEY, Respondent.
REPORT AND RECOMMENDATION
A. TSUCHIDA CHIEF UNITED STATES MAGISTRATE JUDGE.
Patrick S. Crick was a state prisoner when he filed his 28
U.S.C. § 2254 petition for writ of habeas corpus seeking
relief from his 2013 Snohomish County Superior Court
conviction for child molestation in the first degree. Mr.
Crick is no longer in state custody but is subject to
collateral consequences, such as registration and reporting
requirements. Dkt. 13, Exhibit 1.
petition, filed on September 8, 2017, Mr. Crick presents
three grounds for relief: (1) the State obtained his
conviction through false testimony in violation of Napue
v. Illinois, 360 U.S. 264 (1959); (2) the State
suppressed exculpatory evidence in violation of Brady v.
Maryland, 373 U.S. 83 (1972); and (3) his appellate
counsel rendered ineffective assistance. Dkt. 3. The State
contends the petition is barred by 28 U.S.C. §
2244(d)(1), the federal one-year statute of limitations. In
his response, Mr. Crick does not contest the State's
claim that the petition was filed outside of the statute of
limitations. However, he argues the Court should find that
the statute of limitations was equitably tolled due to the
egregious conduct of his appellate attorney. Dkt. 22.
careful review of the petition, opposition, and balance of
the record, the undersigned concludes that the petition is
untimely, the statute of limitations was not equitably
tolled, and therefore, the Court should deny the petition
without reaching the merits.
Statement of Facts
Washington Court of Appeals summarized the facts underlying
Mr. Crick's conviction as follows:
In September 2012, K disclosed that Patrick Crick touched her
breast and vaginal areas under her clothing one night during
the summer of 2011 when she was 11 years old. The State
charged Crick with child molestation in the first degree.
At trial, the testimony established that during the summer of
2011, K stayed for a period of time at the rural home Crick
shared with his girlfriend, who is K's cousin, and the
girlfriend's two children. K was close friends with R,
the girlfriend's daughter. K liked spending time with
During this time, K and R set up a tent on the porch and
slept there on some nights. One night, one or both girls
asked Crick to come inside the tent with them before they
fell asleep. Crick lay down between R and K. The three talked
casually and then K fell asleep.
K testified that a short time later, she was awakened by
someone moving inside the tent. She opened her eyes slightly
and saw Crick bending over her. He touched her chest area
underneath her bra. A minute or two later, he placed his hand
underneath her shorts and underwear and touched her vaginal
area. K was afraid, felt “frozen, ” and did not
Crick then moved over to where R was sleeping and
“hunched” over her for a few minutes. He then
kissed each girl on the forehead and left the tent. K tried
to awaken R but was unable to do so. She cried herself to
The next day, K tried to act normally, but eventually told R
what had happened. K asked R's mother if she could go
home, but did not tell her the true reason she wanted to
leave. R's mother told K she would have to wait because
the family was already planning to go to K's home for a
family birthday party a few days later.
K did not tell her parents or any other adults what happened
because she was “scared and nervous” and
“just wasn't thinking right.” After that
incident, K did not return to R's house. K was not
allowed to go to a subsequent family Christmas gathering
because she failed to do a chore she was required to do. She
was happy about this because she did not want to see Crick. K
also told her family that she did not want R's family to
come to a graduation party.
More than a year after the incident, in September 2012,
K's parents found a note she had written about a month
earlier when she was thinking about running away. In the
note, she referred to the touching incident. K's parents
confronted her about the note, and she disclosed the details
of what happened in the summer of 2011. K's parents also
made her tell R's mother what happened. Both R's
mother and K's parents reported the incident to Child
R's mother remembered that R and K asked Crick to come
into their tent one night in July 2011 when K was staying
with the family. When Crick later came up to bed, he looked
tired and told R's mother he had fallen asleep in the
tent. Many months later, after she learned about K's
allegations, R's mother confronted Crick, and he told her
that before leaving the tent that night, he merely pulled
down one of the girl's shirts. R also testified at trial