Blacknall v. Dunlap-Pryce
Decision Date | 15 August 2011 |
Docket Number | Civil Action No. 10-1271 (FLW) |
Parties | MICHAEL BLACKNALL, Petitioner, v. MARIE DUNLAP-PRYCE, Respondent. |
Court | U.S. District Court — District of New Jersey |
NOT FOR PUBLICATION
APPEARANCES:
Petitioner pro se
Michael Blacknall
Mid-State Correctional Facility
Counsel for Respondents
Mounmouth Co. Pros. Ofc.
Petitioner Michael Blacknall, a prisoner currently confined at Mid-State Correctional Facility in Wrightstown, New Jersey, has submitted a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The respondent is the warden Marie Dunlap-Pryce.
For the reasons stated herein, the Petition must be denied.
The relevant facts are set forth in the opinion of the Superior Court of New Jersey, Appellate Division.1
(Superior Court of New Jersey, Appellate Division, Opinion of October 16, 2009, at 2-6.)
Petitioner was indicted in Monmouth County, New Jersey, on one count of third-degree attempted luring or enticing of an adult, N.J.S.A. 2C:13-7, and one count of third-degree possession of cocaine, N.J.S.A. 2C:35-10a(1). Following a jury trial, he was convicted of the drug offense and of the petty disorderly-person offense of harassment, N.J.S.A. 2C:33-4, as a lesser-included offense of attempted luring or enticing. The Court sentenced Petitioner to a term of four years' imprisonment on the drug offense and to a concurrent thirty-day term on the petty disorderly person offense.
Prior to trial, Petitioner filed several motions. He moved for dismissal of the Indictment, on the grounds that police had deliberately destroyed the 9-1-1 tape, as well as other records, which motion was denied. The trial court found that the tape was not purposely destroyed and that, in any event, it did not contain evidence critical to Petitioner's defense. (Answer, Ex. 3.) In addition, Petitioner moved for suppression of evidence seized at the time of his arrest, on the grounds that the search was unlawful. The trial court found that the physical evidence was properly seized either as evidence in plain view or as incident to Petitioner's arrest. (Answer, Ex. 4.) Finally, Petitioner moved to suppress the statements he made to police, on the grounds that he was not given the appropriate Mirandawarnings. The trial court suppressed the statements Petitioner made to police in the park, prior to being given the Miranda warnings, but denied the request to suppress the statements given at the police station following Petitioner's waiver of his Miranda rights. (Answer, Exs. 4, 5.) The trial court also denied Petitioner's motion for reconsideration of the suppression order. (Answer, Ex. 5.)
On October 16, 2009, the Appellate Division affirmed Petitioner's conviction and sentence. On January 28, 2010, the Supreme Court of New Jersey denied certification. This Petition followed. Respondents do not dispute that Petitioner has exhausted his state remedies and have answered on the merits. Petitioner has replied. This matter is, therefore, ready for disposition.
As amended by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. § 2254 now provides, in pertinent part:
28 U.S.C. § 2254(d).
A state court decision is "contrary to" Supreme Court precedent "if the state court applies a rule that contradicts the governing law set forth in [Supreme Court] cases," or "if the state court confronts a set of facts that are materially indistinguishable from a decision of th[e] Court and nevertheless arrives at a result different from [the Court's] precedent." Williams v. Taylor, 529 U.S. 362, 405-06 (2000) (O'Connor, J., for the Court, Part II). A state court decision "involve[s] an unreasonable application" of federal law "if the state court identifies the correct governing legal rule from Court's cases but unreasonably applies it to the facts of the particular state prisoner's...
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