Adams v. Wise
Decision Date | 15 March 2022 |
Docket Number | C. A. 1:21-cv-01248-JMC-SVH |
Court | United States District Courts. 4th Circuit. United States District Court of South Carolina |
Parties | David Adams, Petitioner, v. Samuel Wise, Respondent. |
REPORT AND RECOMMENDATION
David Adams (“Petitioner”) is an inmate at the Lee Correctional Institution of the South Carolina Department of Corrections. Petitioner filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter is before the court pursuant to 28 U.S.C. § 636(b) and Local Civ. Rule 73.02(B)(2)(c) (D.S.C.) for a Report and Recommendation on Respondent's return and motion for summary judgment. [ECF Nos. 14, 15]. Petitioner filed a response on November 22, 2021 [ECF No. 24], and Respondent filed a reply on November 29, 2021 [ECF No. 25].
Having carefully considered the parties' submissions and the record in this case, the undersigned recommends Respondent's motion for summary judgment be granted. I. Factual and Procedural Background
Petitioner was indicted by the Lexington County Grand Jury during the June 2014 term of court for criminal sexual conduct with a minor, second degree (2014-GS-32-1759). [ECF No. 14-3 at 134-35]. Robert Madsen, Esq., (“plea counsel”) represented Petitioner during his guilty plea on May 4, 2015, before the Honorable W. Jeffrey Young, Circuit Court Judge. [ECF No 14-1 at 21 et seq.]. Judge Young sentenced Petitioner to 18 years' imprisonment. [ECF No. 14-1 at 137].
Petitioner filed a notice of appeal, but his appeal was dismissed on July 9, 2015, when he failed to provide a sufficient explanation as required by SCACR 203(d)(1)(B)(iv). [ECF No 14-2].
On September 15, 2015, Petitioner filed a pro se application for post-conviction relief (“PCR”) [ECF No. 14-1 at 3-9] in which he asserted:
[ECF No. 14-1 at 5]. On December 11, 2017, Petitioner appeared for an evidentiary hearing before the Honorable J Cordell Maddox, Jr., Circuit Court Judge (“PCR Court”). [ECF No. 14-1 at 18 et seq.]. During the hearing, Petitioner was represented by David K. Allen, Esq., (“PCR counsel”). [ECF No. 14-1 at 18]. Because there was no transcript from Petitioner's guilty plea, the PCR court began with a reconstruction hearing in which both plea counsel and the prosecutor testified. [ECF No. 14-1 at 21-59]. After finding the record to be adequately reconstructed such that the PCR court could consider Petitioner's PCR claims, the court proceeded with the PCR evidentiary hearing. [ECF No. 14-1 at 60-117]. Petitioner and plea counsel testified. [ECF No. 14-1 at 60-116]. In an order filed April 6, 2018, the PCR Court denied and dismissed Petitioner's application (“PCR Order”). [ECF No. 14-1 at 125-33].
Petitioner appealed and, on November 5, 2018, LaNelle Cantey DuRant, appellate defender with the South Carolina Commission on Indigent Defense, Division of Appellate Defense, filed a Johnson[2] petition for writ of certiorari raising the following issue: “Did the PCR court err in failing to find plea counsel ineffective for not insuring that Petitioner Adam's guilty plea was entered voluntarily and knowingly because plea counsel failed to adequately investigate possible defenses.” [ECF No. 14-3 at 3]. DuRant certified the petition was without merit and requested to be relieved as counsel. Id. at 11. Petitioner filed a pro se brief on May 9, 2019. [ECF No. 14-4]. The South Carolina Supreme Court transferred the matter to the South Carolina Court of Appeals on May 9, 2019. [ECF No. 14-5]. The Court of Appeals denied the petition for writ of certiorari on August 13, 2020. [ECF No. 14-6]. The court also granted counsel's motion to be relieved as counsel. Id. Petitioner filed a pro se petition for rehearing on September 4, 2020. [ECF No. 14-7]. The petition for rehearing was denied on October 28, 2020. [ECF No. 14-8]. The remittitur issued on December 16, 2020, and was filed by the Lexington County Clerk of Court on December 23, 2020. [ECF No. 14-9]. II. Discussion
Petitioner raises the following grounds for relief:
Summary judgment is appropriate “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). “Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). “[S]ummary judgment will not lie if the dispute about a material fact is ‘genuine,' that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Id. At the summary judgment stage, the court must view the evidence in the light most favorable to the non-moving party and draw all justifiable inferences in its favor. Id. at 255. However, Id. at 248.
The moving party has the burden of proving that summary judgment is appropriate. Once the moving party makes this showing, however, the opposing party may not rest upon mere allegations or denials, but rather must, by affidavits or other means permitted by the Rule, set forth specific facts showing that there is a genuine issue for trial. See Fed. R. Civ. P. 56(e).
1. Generally
Because Petitioner filed his petition after the effective date of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214 (“AEDPA”), review of his claims is governed by 28 U.S.C. § 2254(d), as amended. Lindh v. Murphy, 521 U.S. 320 (1997); Breard v. Pruett, 134 F.3d 615 (4th Cir. 1998). Under the AEDPA, federal courts may not grant habeas corpus relief unless the underlying state adjudication: (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented at the State court proceeding. 28 U.S.C. § 2254(d)(1)(2); see Williams v. Taylor, 529 U.S. 362, 398 (2000). Id. at 410. Moreover, state court factual determinations are presumed to be correct and the petitioner has the burden of rebutting this presumption by clear and convincing evidence. 28 U.S.C. § 2254(e)(1). 2. Procedural Bar Federal law establishes this court's jurisdiction over habeas corpus petitions. 28 U.S.C. § 2254. This statute permits relief when a person “is in custody in violation of the Constitution or laws or treaties of the United States[, ]” and requires that a petitioner present his claim to the state's highest court with authority to decide the issue before the federal court will consider the claim. Id. The separate but related theories of exhaustion and procedural bypass operate in a similar manner to require a habeas petitioner to first submit his claims for relief to the state courts. A habeas corpus petition filed in this court before the petitioner has appropriately exhausted available state-court remedies or has otherwise bypassed seeking relief in the state courts will be dismissed absent unusual circumstances detailed below.
a. Exhaustion
Section 2254...
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