Adc v. Kelley
Decision Date | 30 May 2018 |
Docket Number | 5:16-CV-000212-JLH/JTR |
Parties | EARL DELMAR PIGG ADC #155511 PETITIONER v. WENDY KELLEY, Director, Arkansas Department of Corrections RESPONDENT |
Court | U.S. District Court — Eastern District of Arkansas |
The following Recommended Disposition ("Recommendation") has been sent to United States District Judge J. Leon Holmes. You may file written objections to all or part of this Recommendation. If you do so, those objections must: (1) specifically explain the factual and/or legal basis for your objection; and (2) be received by the Clerk of this Court within fourteen (14) days of the entry of this Recommendation. The failure to timely file objections may result in waiver of the right to appeal questions of fact.
Pending before the Court is a § 2254 Petition for a Writ of Habeas Corpus filed by Petitioner, Earl Delmar Pigg ("Pigg"). Doc. 2. Before addressing Pigg's habeas claims, the Court will review the procedural history of the case in state court.
On August 8, 2012, a jury convicted Pigg of eleven counts of rape and one count of interference with custody. The trial court imposed the jury recommended sentence of life on each count of rape and ten years on the interference conviction, with all sentences to run consecutively.
In Pigg's direct appeal, he contended that the trial court erred in: (1) denying his motion to admit evidence that A.S.,1 Pigg's primary victim, had a sexual relationship with her former youth minister, Dalton Smith ("Smith"), which created an alleged motive to falsely accuse Pigg;2 and (2) sustaining the State's objection to Pigg offering hearsay testimony that he overheard one of the victims coaching a five year old to make false allegations against Pigg's daughter.
On October 23, 2014, the Arkansas Supreme Court rejected both of Pigg's arguments and affirmed his convictions. Pigg v. State, 2014 Ark. 433 ("Pigg I"). In doing so, the Court held that: (1) any error in excluding the testimony Pigg argued would have revealed A.S.'s alleged motivation to "falsely" accuse him was harmless because the evidence of his guilt was "so overwhelming;" and (2) Pigg's hearsay argument was not preserved for appellate review. Id. at *5.
Proceeding pro se, Pigg sought postconviction relief in the state circuit court under Rule 37 of the Arkansas Rules of Civil Procedure. In his Rule 37 Petition and supplemented Petition, Pigg alleged four categories of error.
First, he contended that his trial counsel was constitutionally ineffective for:
Second, Pigg alleged that authorities failed to "disclose numerous police reports" involving complaints Piggs had previously made against the victims and their families, in violation of Brady v. Maryland, 373 U.S. 83 (1963).
Third, Pigg asserted a "cumulative error" claim and also argued that that the prosecution failed to disclose that State's witnesses "told numerous lies" during the investigation "under relentless coercion [from the prosecution] . . . ." Doc. 10-10, Tr. at 60, 83-84.
Finally, Pigg asserted a "newly discovered" evidence claim, supported by affidavits from three witnesses suggesting that youth minister Dalton Smith conspired with the victims to have Pigg falsely charged and convicted in retaliation for Pigg reporting Smith's sexual relationship with A.S. Id., Tr. at 84-85.8
On March 18, 2015, the trial court held a hearing on Pigg's Rule 37 Petition. Doc. 10-12 at 2-137. Three witnesses testified: (1) Pigg; (2) Pigg's trial counsel, William L. Griggs, IV ("Attorney Griggs");9 and (3) Detective Johnathan Wear. On March 19, 2015, the trial court entered an Order denying all of the claims asserted by Pigg in his Rule 37 Petition. Doc. 10-10, pp. 111-115.
In his pro se appeal to the Arkansas Supreme Court, Pigg pursued only three of the many Rule 37 claims he made before the trial court: (1) his attorney was ineffective in investigating the facts of the case and developing potential defense witness testimony from Sammy Ferris, Kenneth Crowley, Michael Hopewill and Skylar Sparks;10 (2) his attorney was ineffective in failing to exclude evidence based on Ark. R. Evid. 404(b); and (3) his attorney was ineffective in failing to present available erectile dysfunction evidence during the penalty phase of the trial. In his appeal brief, Pigg acknowledged that he was abandoning his ineffective assistance of counsel claims based on his attorney allegedly failing to request a hearing under the rape shield statute11 and allegedly conspiring with the prosecution and detectives.12 Doc. 10-14, at p. 8, 31-36, 103.
On March 10, 2016, the Arkansas Supreme Court affirmed the denial of Rule 37 relief. Pigg v. State, 2016 Ark. 108 ("Pigg II"); see also Doc. 10-15.
On July 11, 2016, Pigg initiated this § 2254 action. Doc. 2. On September 30, 2016, the Respondent filed her Response. Doc. 10. On January 3, 2017, Pigg filed a 103 page Reply Brief and 700 pages of supporting exhibits that significantly enlarged the claims he asserted in his initial habeas Petition.13 Docs. 16 & 17. Importantly, in his Reply Brief, Pigg states that "all" of his asserted grounds for habeas relief are now based on "ineffectiveness of trial counsel." Doc. 16 at 5. Accordingly, the Court has construed Pigg's habeas Petition and Reply Brief as asserting only various species of ineffective assistance claims against his trial counsel, Attorney Griggs.
While the Court is required to construe Pigg's habeas Petition liberally, this does not relieve Pigg of the burden of "stat[ing] the facts supporting each ground" for habeas relief. See Rule 2(c)(2) of the Rules Governing Section 2254 Cases in the United States District Courts; Jones v. Jerrison, 20 F.3d 848, 853 (8th Cir. 1994). Thus, as a matter of law, the Court is not required to consider any of Pigg's entirely conclusory habeas claims, which are not supported by any facts or law.14 Miller v. Kemna, 207 F.3d 1096, 1097 (8th Cir. 2000) ( ); Small v. Endicott, 998 F.2d 411, 417-18 (7th Cir. 1993) ( ).
To facilitate its discussion of Pigg's cognizable ineffective assistance of counsel claims, the Court has grouped those claims as follows:
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