Arrington v. Barone, Civil Action No. 09-136 Erie
Decision Date | 09 January 2012 |
Docket Number | Civil Action No. 09-136 Erie |
Parties | ANTWON ARRINGTON, Petitioner, v. MICHAEL C. BARONE, et al., Respondents. |
Court | U.S. District Court — Western District of Pennsylvania |
OPINION AND ORDER1
Presently before the Court is a petition for a writ of habeas corpus filed by Antwon Arrington. (ECF No. 7). He is challenging a judgment of sentence imposed by the Court of Common Pleas of Erie County on or around August 3, 2005. He raises four grounds for relief, which he has set forth in his Memorandum of Law In Support of Writ of Habeas Corpus. (ECF No. 8). He claims that his former attorney, Assistant Public Defender Bruce Sandmeyer, Esquire, provided him with ineffective assistance in violation of his Sixth and Fourteenth Amendment rights for:
(ECF No. 8 at 4). For the reasons set forth below, Arrington's petition is denied and a certificate of appealability is denied.
On November 3, 2004, at approximately 1:00 p.m., Officer Michael Nolan of the Erie City Police arrested Natasha Rosendary and her boyfriend, Reese Beason, while they were re-packaging seven ounces of crack cocaine from an "eight-ball" into smaller plastic bags. Rosendary told the police that she had purchased the eight-ball from Arrington approximately one-half hour earlier at 2014 Myrtle Street in Erie. Arrington was under surveillance for suspicion of drug activity at that time and Rosendary agreed to cooperate with the police in their investigation of him. Towards that end, she called Arrington that same day and told him that she wanted to be resupplied with more cocaine. She asked him to meet her on a nearby street corner. (CP Dkt. No. 24, Commonwealth v. Arrington, No. 27 & 28 of 2005, slip op. at 1-2 (CP Erie, Nov. 7, 2005); Pre-Trial Motion Hr'g Tr. at 2-7).
The trial court, in its 1925(b) Opinion, explained what happened next:
(CP Dkt. No. 24, Arrington, No. 27 & 28 of 2005, slip op. at 3-4).
Soon after this occurred, Det. Dacus submitted an application for authorization to search Arrington's residence at 2014 Myrtle Street. (The search warrant and affidavit of probable cause is attached as Ex. 1 to the petition, ECF No. 7). In the affidavit of probable cause, Det. Dacus set forth the details of the controlled buy. Rosendary was identified in the affidavit as "CI #1." Det. Dacus also referenced information provided by another confidential informant identified as "CI #96-04." He stated:
On October 22, 2004 Det Dacus and Sgt Nolan did speak with CI #96-04. This CI did tell detectives that he/she learned information through conversation with associates of Antwon Arrington that Arrington was dealing large quantities of crack cocaine in the City of Erie and that he was residing at 2014 Myrtle Street. This CI is believed to be reliable as he/she has cooperated with law enforcement resulting in 12 arrest[s] and convictions for felony drugs within the City of Erie. This CI has also provided information on at least fifty other individuals within the City of Erie involved in the drug trade and this information has been corroborated by other reliable informants, surveillance and information contained within the Erie Police database.
The district judge approved Det. Dacus' application for a search warrant and the police executed the warrant that day. The police entered Arrington's home (where he lived with his mother, Jennifer Hall). In his bedroom, they found 16 grams of crack cocaine and two pounds of marijuana, plus a firearm, money, and other paraphernalia. (CP Dkt. No. 24, Arrington, No. 27 & 28 of 2005, slip op. at 3-4).
The court appointed Attorney Sandmeyer to represent Arrington. On March 22, 2005, Sandmeyer filed a Notice of Alibi Defense in which it was stated that Arrington was in Cleveland, Ohio on November 3, 2004, during the time when Rosendary said she had been with him. (CP Dkt. No. 7). On that same day, Sandmeyer also filed the defense's Omnibus Pre-Trial Motion (CP Dkt. No. 8), in which it was argued that the evidence obtained in the search of Arrington's house should be suppressed because Rosendary was not a reliable source, and because she had not been sufficiently searched prior to the undercover purchase since a male officer had only performed a "rudimentary pat down" of her.
On April 26, 2005, the Honorable William R. Cunningham presided over an evidentiary hearing on Arrington's motion. At the conclusion of the hearing, Judge Cunningham made the following findings of fact:
(4/26/05 Pre-Trial Motion Hr'g at 31-32).
Arrington's jury trial was held on May 19-20, 2005, before the Honorable Michael E. Dunlavey. The first witness that the Commonwealth called was Rosendary. She...
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