Boetger v. Burnell, Civil Action No. 14-cv-00675-PAB
Decision Date | 16 June 2015 |
Docket Number | Civil Action No. 14-cv-00675-PAB |
Parties | MICHAEL A. BOETGER, Applicant, v. ACTING WARDEN BURNELL, Buena Vista Correctional Facility, and JOHN SUTHERS, the Attorney General of the State of Colorado, Respondents. |
Court | U.S. District Court — District of Colorado |
Applicant Michael A. Boetger has filed pro se an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 challenging the validity of his criminal conviction in the District Court of Teller County, Colorado. Respondents have filed an Answer [Docket No. 35], and Applicant has filed a Reply [Docket No. 38]. Having considered the same, along with the state court record, the Court will deny the Application.
Applicant's September 2007 trial resulted in a hung jury in Teller County District Court Case No. 06CR185. Docket No. 10-2 at 8. In December 2007, Applicant pleaded guilty to the charge of sexual assault on a child by one in a position of trust. Id. at 8-9. Before sentencing, Applicant filed, pro se, two letters requesting that he be allowed to withdraw his guilty plea pursuant to Colo. Crim. P. Rule ("Crim. P.") 32(d). Id. at 11-12. The state district court appointed counsel who filed an amended Crim. P. 32(d) motion. Id. at 12-13. Following an evidentiary hearing, the state court denied themotion. State Court R., 6/16/08 Hrg. Tr. The state court then sentenced Applicant to an indeterminate prison term of eight years to life in the Colorado Department of Corrections. Docket No. 35-3, 8/11/08 Hrg. Tr.
The Colorado Court of Appeals affirmed the state district court's order denying Applicant's Crim. P. 32(d) motion. See People v. Boetger, No. 08CA2011 (Colo. App. Aug. 26, 2010) (unpublished) (Boetger I).
In February 2012, Applicant filed, pro se, a Crim. P. 35(c) motion, seeking to set aside his guilty plea, which the district court denied. The Colorado Court of Appeals affirmed the district court's order in People v. Boetger, 12CA688 (Colo. App. Dec. 26, 2013) (unpublished) (Boetger II). Docket No. 10-8. The Colorado Supreme Court denied Applicant's petition for certiorari review on November 3, 2014. Docket No. 22-1.
On March 4, 2014, Mr. Boetger filed his federal application under 28 U.S.C. § 2254 asserting 12 claims for relief. Docket No. 1. In the Pre-Answer Response, Respondents conceded the timeliness of the Application under 28 U.S.C. § 2244(d)(1) of the AEDPA. Docket No. 10, at 6-8. Respondents argued, however, that claims 2, 5, 9, 10, and 11 were not cognizable on federal habeas review. Id. at 14, 29-30. Respondents further maintained that the remaining federal claims were procedurally barred. Id. at 12, 15-29, 30-32.
In a February 26, 2014 Order, the Court dismissed Applicant's claims on the grounds asserted by Respondents, except for the following: claims 1, 3, part of claim 6 (asserting that Applicant's plea agreement violated due process because the trial court failed to inform him that he was essentially agreeing to a life sentence of incarcerationwith only the possibility of parole and to explain the meaning and nature of an indeterminate sentence); part of claim 4 (asserting that Crim. P. Rule 32(d) counsel was ineffective), and part of claim 12 (cumulative error concerning the exhausted allegations of claims 1, 3, 4, and 6). Docket No. 34.
The Court reviews Applicant's remaining claims below under the AEDPA standard of review.
Title 28 U.S.C. § 2254(d) provides that a writ of habeas corpus may not be issued with respect to any claim that was adjudicated on the merits in state court unless the state court adjudication:
28 U.S.C. § 2254(d). The applicant bears the burden of proof under § 2254(d). See Woodford v. Visciotti, 537 U.S. 19, 25 (2002) (per curiam).
A claim may be adjudicated on the merits in state court even in the absence of a statement of reasons by the state court for rejecting the claim. Harrington v. Richter, 562 U.S. 86, 98-99 (2011). In particular, "determining whether a state court's decision resulted from an unreasonable legal or factual conclusion does not require that there be an opinion from the state court explaining the state court's reasoning." Id. at 98. Thus,"[w]hen a federal claim has been presented to a state court and the state court has denied relief, it may be presumed that the state court adjudicated the claim on the merits in the absence of any indication or state-law procedural principles to the contrary." Id. at 99. Even "[w]here a state court's decision is unaccompanied by an explanation, the habeas petitioner's burden still must be met by showing there was no reasonable basis for the state court to deny relief." Id. at 98. In other words, the Court "owe[s] deference to the state court's result, even if its reasoning is not expressly stated." Aycox v. Lytle, 196 F.3d 1174, 1177 (10th Cir. 1999). Therefore, the Court "must uphold the state court's summary decision unless [the Court's] independent review of the record and pertinent federal law persuades [the Court] that its result contravenes or unreasonably applies clearly established federal law, or is based on an unreasonable determination of the facts in light of the evidence presented." Id. at 1178. "[T]his 'independent review' should be distinguished from a full de novo review of the petitioner's claims." Id.
House v. Hatch, 527 F.3d 1010, 1016 (10th Cir. 2008). If there is no clearly established federal law, that is the end of the court's inquiry pursuant to § 2254(d)(1). See id. at 1018.
If a clearly established rule of federal law is implicated, the court must determine whether the state court's decision was contrary to or an unreasonable application of that clearly established rule of federal law. See Williams, 529 U.S. at 404-05.
Richter, 562 U.S. at 101 (internal quotation marks omitted). In conducting this analysis, the court "must determine what arguments or theories supported or . . . could have supported[ ] the state court's decision" and then "ask whether it is possible fairminded jurists could disagree that those arguments or theories are inconsistent with the holding in a prior decision of Court." Id. Moreover, "review under § 2254(d)(1) is limited to the record that was before the state court that adjudicated the claim on the merits." Cullen v. Pinholster, 131 S.Ct. 1388, 1398 (2011).
Under this standard, ...
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