ALLEN v. TROY STEELE, Case number 4:08cv0074 TCM

• Decision Date: 29 March 2011
• Docket Number: Case number 4:08cv0074 TCM
• Parties: RODNEY ALLEN, Petitioner, v. TROY STEELE,1 Respondent.
• Court: U.S. District Court — Eastern District of Missouri

RODNEY ALLEN, Petitioner,

v.TROY STEELE,¹Respondent.

Case number 4:08cv0074 TCM

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

DATED: March 29, 2011

MEMORANDUM AND ORDER

Rodney Allen, who is a Missouri prisoner, petitions the United States District Court for the Eastern District of Missouri for federal habeas corpus relief from a conviction following a guilty plea. See 28 U.S.C. § 2254. This matter is before the undersigned United States Magistrate Judge for review and final disposition.² Finding Petitioner's two grounds for relief are without merit, the petition will be denied without further proceedings.

Background

In November 2004, Petitioner was charged by a fifteen-count indictment with various offenses occurring on July 17, 2004. (Indictment, Resp't Ex. A, at 6-11 [all of Respondent's exhibits are at Doc. 5].) Specifically, he was charged with:

(1) two counts of first-degree burglary, in violation of Mo. Rev. Stat. § 569.160, for knowingly and unlawfully entering Joycelyn Coates's residence to commit a robbery and knowingly and unlawfully entering Debra Strasburger's residence to commit an assault;

(2) two counts of first-degree murder, in violation of Mo. Rev. Stat. § 565.020, for knowingly causing the deaths of Fletcher Coates and John Strasburger by shooting them;

(3) two counts of first-degree robbery, in violation of Mo. Rev. Stat. § 569.020, for stealing a vehicle from Fletcher Coates and a purse from Debra Strasburger, while armed with a deadly weapon;

(4) one count of kidnapping, in violation of Mo. Rev. Stat. § 565.110, by confining Joycelyn Coates for a substantial period, without her consent, to commit robbery;

(5) two counts of first-degree assault, in violation of Mo. Rev. Stat. § 565.050, for shooting Debra Strasburger causing her serious physical injury and for attempting to cause serious physical injury to Police Officer Streckfuss by driving a car at a high rate of speed directly at him; and

(6) six counts of armed criminal action, in violation of Mo. Rev. Stat. § 571.015, related to the two first-degree murders, the two first-degree robberies, the kidnapping, and the first-degree assault of Debra Strasburger.

Against his attorney's advice, Petitioner pleaded guilty to the two first-degree murder charges, the first-degree assault charge involving Debra Strasburger, and the three armed criminal action charges related to those murder and assault charges. (Tr. Plea and Sentencing, Resp't Ex. A at 12-25.) Upon Petitioner's guilty plea, the State dismissed the other nine counts of the indictment. (See Order of Nolle Prosequi, dated Jan. 18, 2006, Resp't Ex. A at 26; Tr. Plea and Sentencing, Resp't Ex. A, at 13.) At the sentencing hearing which followed immediately after the plea hearing, the plea court sentenced Petitioner to concurrent terms of imprisonment of life without probation or parole for the two first-degree murder offenses and life for the other four offenses. (Sentence and Judgment, Resp't Ex. A at 30-33; Plea Tr., Resp't Ex. A at 23.)

Petitioner did not appeal, but did timely seek postconviction relief by filing a motion under Mo. S. Ct. Rule 24.035. (Pet'r Postconviction Mot., Resp't Ex. A at 37-42). Through counsel, Petitioner filed an amended postconviction motion,³ including a request for an evidentiary hearing. (Pet'r Am. Postconviction Mot., Resp't Ex. A at 47-67.) Petitioner presented two claims in that motion: that his plea attorney provided ineffective assistance by failing to explain to Petitioner that a sentence of life without parole would mean he would die in prison, and that his plea attorney provided ineffective assistance by failing to explain to the plea court the nature of the medications Petitioner was taking at the time of the plea and the effect they had on Petitioner's understanding of the plea proceedings. (Id. at 52-53.)

Without holding an evidentiary hearing, the motion court⁴ entered findings of fact and conclusions of law denying Petitioner's postconviction motion ("judgment"). (Judgment, Resp't Ex. A at 74-79.) In relevant part, the motion court concluded:

3. To obtain an evidentiary hearing for [postconviction] claims related to the ineffective assistance of counsel, [Petitioner] must allege facts, not refuted by the record, showing that counsel's performance did not conform to the degree of skill, care and diligence of a reasonably competent attorney and that [Petitioner] was thereby prejudiced. State v. Brooks, 960 S.W.2d 479, 497 (Mo. banc 1997).

4. In addition, in order to prevail on a claim of ineffective assistance of counsel, [Petitioner] must demonstrate that: (a) his trial counsel failed to exercise the customary skill and diligence a reasonably competent attorney would have [exercised] under similar circumstances; and (b) [Petitioner] was thereby prejudiced. State v. Holcomb, 956 S.W.2d 286, 295 (Mo. [Ct.] App. 1997). Further, trial counsel is deemed vested with broad discretion in conducting his client's defense, and is presumed competent. Schneider v. State, 787 S.W.2d 718, 720-[2]1 . . . (Mo. banc 1990) . . . ; State v. Roberts, 948 S.W.2d 577, 604 (Mo. banc 1997) . . . .

5. In the case of a guilty plea, [Petitioner] must prove that the alleged ineffective assistance of counsel rendered his guilty plea involuntary. Greathouse v. State, 859 S.W.2d 247, 248 (Mo. [Ct.] App. 1993). In order to "satisfy the 'prejudice' requirement, a prisoner who has pled guilty must demonstrate there is a reasonable probability that, but for counsel's errors, he would not have pled guilty and would have insisted on going to trial." Jenkins v. State, 9 S.W.3d 705, 707 (Mo. [Ct.] App. 1999).

8. If [Petitioner] claims he or she pled guilty due to a mistaken belief about his or her sentence, the court must determine whether a reasonable basis existed for such a belief. Rick v. State, 934 S.W.2d 601, 605 (Mo. [Ct.] App. 1996). The record clearly indicates that there is no reasonable basis for [Petitioner]'s mistaken belief that his sentence of "life without the possibility of probation or parole" would be treated as thirty years, as alleged in his amended motion.

9. "Merely ingesting drugs is insufficient to render a person incapable of pleading guilty; 'the ingestion of drugs will only invalidate a guilty plea where the ability to understand the proceedings and give free assent is impaired.'" . . . Edwards [v. State], 954 S.W.2d 403, 409 (Mo. [Ct.] App. 1997), quoting Cross v. State, 928 S.W.2d 418, . . . 419 (Mo. [Ct.] App. 1996).

10. [Petitioner] has failed to establish by a preponderance of the evidence that he is entitled to the relief requested in his amended motion.

11. The Court concludes from a review of the entire case that there is no reasonable probability that the result of the case would have been different had plea counsel conducted himself in the manner dictated by [Petitioner]'s allegations.

(Judgment, Resp't Ex. A at 77-79.)

Petitioner filed an appeal, raising two points. (Pet'r Br., Resp't Ex. B.) In his first point, Petitioner alleged the motion court clearly erred in denying his postconviction motion, without an evidentiary hearing, and violated his rights under the Fifth, Sixth, and Fourteenth Amendments, to persist in a plea of not guilty, to the effective assistance of counsel, to due process of law, and to a jury trial, because his plea counsel was ineffective in failing to explain to Petitioner that a sentence of life without probation or parole would mean he would die in prison. (Id. at 12, 15.) For his second point, Petitioner argued the motion court clearly erred in denying his postconviction motion, without an evidentiary hearing, and violated his rights under the Fifth, Sixth, and Fourteenth Amendments to the effective assistance of counsel, because his plea counsel was ineffective in failing to explain to the plea court the nature of the medications Petitioner was taking, which prevented the plea court from making a proper determination of whether Petitioner's guilty plea was entered knowingly and voluntarily. (Id. at 14 and 24.)

The Missouri Court of Appeals for the Eastern District affirmed the denial of Petitioner's postconviction motion. (Opinion, dated September 25, 2007, Resp't Ex. D.) In relevant part, the state appellate court stated:

In a proceeding brought under Rule 24.035, a Movant is entitled to an evidentiary hearing only if his petition: "(1) alleges facts, not conclusions, which, if true, would warrant relief, (2) these facts must raise matters not refuted by the record and files in the case, and (3) the matters complained of must have resulted in prejudice to the movant." Jones v. State, 829 S.W.2d 47, 48 (Mo. [Ct.] App. 1992).

To obtain an evidentiary hearing for [postconviction] claims related to the ineffective assistance of counsel, [Petitioner] must allege facts, not refuted by the record, showing that counsel's performance did not conform to the degree of skill, care and diligence of a reasonably competent attorney and that [Petitioner] was thereby prejudiced. State v. Brooks, 960 S.W.2d 479, 497 (Mo. banc 1997). Further, in order to prevail on a claim of ineffective assistance of counsel, [Petitioner] must demonstrate that: (a) his trial counsel failed to exercise the customary skill and diligence a reasonably competent attorney would have [exercised] under similar circumstances; and (b) [Petitioner] was thereby prejudiced. State v. Holcomb, 956 S.W.2d 286, 295 (Mo. [Ct.] App. 1997). Additionally, trial counsel is deemed vested with broad discretion in conducting his client's defense, and [is] presumed competent. Schneider v. State, 787 S.W.2d 718, 720-[2]1 . . . (Mo. banc 1990) . . . ; State v. Roberts, 948 S.W.2d 577, 604 (Mo. banc 1997) . . . .

In the case of a guilty plea, [Petitioner] must prove that the alleged ineffective assistance of counsel rendered his guilty plea involuntary. Greathouse v. State, 859 S.W.2d 247, 248 (Mo. [Ct.] App....