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Tharpe v. Thaler, No. 09-10632

Denial of Drug Habeas Petition Affirmed

In Tharpe v. Thaler, No. 09-10632, a prosecution for possession with intent to distribute cocaine, the court affirmed the denial of petitioner's habeas petition where, notwithstanding the Supreme Court's holding in Burton v. Stewart, the district court correctly dismissed petitioner's deferred-adjudication claims as untimely.

  • As the court wrote:  "Petitioner-Appellant Richard Theodore Tharpe, Jr. pleaded guilty in state court to the felony offense of possession with intent to distribute cocaine.  The trial court accepted his guilty plea, but instead of convicting Tharpe and imposing incarceration, the court deferred adjudicating his guilt and placed him on deferred-adjudication probation."

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