Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Appleyard v. Cameron

United States District Court, M.D. Pennsylvania

September 19, 2017

THOMAS APPLEYARD, Petitioner
v.
Kenneth Cameron, et al., Respondents

          MEMORANDUM

          William J. Nealon United States District Judge

         Petitioner, Thomas Appleyard, an inmate confined in the State Correctional Institution, Houtzdale, Pennsylvania, filed the instant petition for writ of habeas corpus pursuant to 28 U.S.C. §2254. He attacks a conviction imposed by the Court of Common Pleas for County, Pennsylvania. (Doc. 1). Following careful consideration of the parties' submissions, and for the reasons discussed below, the Court will dismiss the petition as untimely. See 28 U.S.C. §2244(d).

         I. Background

         The victim in this case was born on February 18, 1974, in Mill Hall, Clinton County, Pennsylvania. (N.T. p. 15). In the Spring of 1985, Petitioner, Thomas Clair Appleyard married the victim's mother, Edna Lose. (N.T. p. 16). After the marriage, the victim lived together with her mother, the Petitioner, and her brother, in an apartment in Blanchard, Pennsylvania. (N.T. p. 16).

         As a form of discipline, Petitioner would paddle the victim with a wooden paddle, containing holes, when she would not do her chores. (N. T. p. 16-17). The victim testified that the paddling hurt. (N.T. p. 17). On November 23, 1986, Petitioner called the victim, who was then twelve years old, into his room and told her to take of her clothes. (N.T. p. 18). The victim was scared and refused. Id. At some point, either Petitioner or the victim removed all of her clothes and while the victim was crying and saying “no, ” Petitioner began to touch her breast and vaginal areas. Id. Later that evening, the victim reported the incident to her mother. (N.T. p. 19). Additionally, the victim reported this incident to Children and Youth Services, as well as Trooper Sally Brown of the Pennsylvania State Police. (N.T. p. 19-20). Petitioner moved out of the home on the 23rd of November, the evening of the incident, only to move back to the residence sometime in 1987. Id.

         Shortly after Petitioner was allowed to return to the residence, he began to have indecent contact with the victim again. (N.T. p. 21). He now would engage in sexual intercourse with her. Id. This behavior began in February 1988. Id. In addition to sexual intercourse, Petitioner began performing oral sex on the victim and forced her to perform oral sex on him. (N.T. p. 22). The victim was afraid to tell anyone about these incidents because Petitioner told her that if she did, she would be put in a home for girls. (N.T. p. 22).

         Although the victim moved in with her grandfather in 1988 (N.T. p. 24), Petitioner made her maintain daily telephone contact with him. (N.T. p. 26). Additionally, Petitioner would make the victim come to his apartment on a weekly basis to engage in oral sex as well as sexual intercourse. (N. T. p. 32). In addition to fearing Petitioner's threats, Petitioner would also punish the victim by painfully inserting plastic “dildos' in her vaginal and rectal areas. This type of punishment would take place whenever the victim would not do her chores or be somewhere she wasn't supported to be. Similarly, if the victim would not go into his apartment or just generally disobey him, this would take place. (N.T. p. 29-30). Tracy was afraid of the “dildos” and when Appellant would use them on her, she would cry and tell him “no”. (N.T. p. 29).

         Finally, Petitioner took nude photographs of the victim posing with the sexual devices and threatened to spread the photos around and to take them to her school if she did not listen. (N.T. 31-32). These incidents took place at least once a week, of not more, from January 1988, through and until March 1991. (N.T. p. 51). The victim did not want any of these incidents to occur but felt that she had no choice. (N.T. p. 51).

         Petitioner was charged with once count of statutory rape, thirty-nine counts of rape, sixty-five counts of involuntary deviate sexual intercourse, thirty-nine counts of indecent assault and one count of corruption of minors. See Commonwealth of Pennsylvania v. Thomas C. Appleyard, CP-14-CR-0001601-1992 (Criminal Docket). On March 22, 1994, after a jury trial, Petitioner was found guilty of all 145 counts in which he had been charged. Id.

         On April 4, 1994, Petitioner was sentenced to an aggregate sentence of thirty-one (31) to sixty-two (62) years imprisonment. Id.

         On April 11, 1994, Petitioner filed a direct appeal to the Pennsylvania Superior Court. (Doc. 24-1 Notice of Appeal). He raised the following two issues for review:

1. Whether the trial court erred in denying Appellant's motion in limine and in permitting testimony to be introduced at trial concerning prior sexual misconduct between Appellant and the victim, and whether trial counsel was ineffective for failing to seek a cautionary instruction upon the admission of such evidence?
2. Whether separate sentences for thirty-nine counts of rape and sixty-five counts of involuntary deviate sexual intercourse constitute an illegal sentence, when the counts arose from the same criminal conduct?

(Doc. 24-1 at 33, Superior Court Memorandum Opinion).

         By Memorandum Opinion filed August 29, 1995, a panel of the Pennsylvania Superior Court vacated Petitioner's sentence and remanded for re-sentencing. Id.

         On September 27, 1995, Petitioner filed an allowance of appeal to the Pennsylvania Supreme Court, which was denied on April 18, 1996. (Doc. 24-1 at 38-39, Order of Supreme Court).

         On August 26, 1996, Petitioner was re-sentenced to an aggregate term of imprisonment of not less than twenty-seven (27) years, nor more than fifty-four (54) years. See Commonwealth of Pennsylvania v. Thomas C. Appleyard, CP-14-CR-0001601-1992 (Criminal Docket).

         On September 5, 1996, Petitioner filed a motion to reconsider and modify the sentence imposed and to reduce the period of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.