Butler v. Dir., TDCJ-CID
Decision Date | 20 March 2020 |
Docket Number | CIVIL ACTION NO. 9:16-CV-210 |
Parties | QUINCY DESHAN BUTLER v. DIRECTOR, TDCJ-CID |
Court | U.S. District Court — Eastern District of Texas |
Petitioner, Quincy Deshan Butler, an inmate confined at the Eastham Unit with the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
Petitioner was indicted on August 18, 2011, in Brazos County for two counts of aggravated assault with a deadly weapon. One of the counts involved family violence. The indictments were related to events that occurred on May 28, 2011. Petitioner also had charges pending in Waller County for possession of a controlled substance, possession of a firearm by a felon, and evading arrest that stemmed from the events on May 28, 2011.
Petitioner's pre-trial counsel indicated to the State that petitioner wished to testify at the August 2011 grand jury proceedings involving the charges for aggravated assault. The State sent petitioner an invitation through his attorney to appear at the grand jury proceedings. The invitation letter contained "target warnings" taken from TEX. CODE. CRIM. PR. ANN. art. 20.17 (West 2005). Petitioner voluntarily appeared before the grand jury, and he was informed that the grand jury was investigating the two charges of aggravated assault. Petitioner was again given the target warnings orally and in writing, and he waived his rights provided in the target warnings and testified before the grand jury about the events that occurred on May 28, 2011.
On January 16, 2012, petitioner was indicted by a grand jury in Brazos County for deadly conduct discharge of a firearm and unlawful possession of a firearm by a felon. State of Texas v. Butler, No. 12-00472-CRF-272, Clerk's Record, Indictment, pg. 9 (docket entry no. 41-1). The State elected to try the cases from the January 2012 indictment first. For the purpose of charging petitioner as a habitual offender, the indictment also alleged petitioner's two prior convictions for possessing a controlled substance. Id. Petitioner was ultimately tried for only the deadly conduct charge and a jury found him guilty on October 31, 2013. Clerk's Record, Judgment of Conviction by Jury, pg. 171 (docket entry no. 41-3). On the following day, the jury sentenced petitioner to a 62 year term of imprisonment. Id.
Petitioner filed a Notice of Appeal. On January 8, 2015, the Tenth Court of Appeals affirmed the conviction. Memorandum Opinion, Butler v. State, No. 10-13-00430-CR, pgs. 1-28 (docket entry no. 41-7). The Texas Court of Criminal Appeals refused petitioner's petition for discretionary review. Butler v. State, No. PD-0129-15 (pet. ref's Apr. 1, 2015). On October 5, 2015, the United States Supreme Court denied petitioner's petition for certiorari. Butler v. Texas, No. 15-5381, 136 S.Ct. 235 (2015).
Petitioner filed a state application for writ of habeas corpus on September 28, 2016 (docket entry no. 44-12). The writ was denied by the Texas Court of Criminal Appeals without written order on the findings of the trial court without a hearing on March 8, 2017. Action Taken, In re Butler, No. WR-70,583-06 (docket entry no. 44-6).
Petitioner filed his federal petition for writ of habeas corpus on December 21, 2016 (docket entry no. 1). After clarifying petitioner's claims, respondent was ordered to Show Cause on April 5, 2017 (docket entry no. 20). The Response was filed on July 21, 2017 (docket entry no. 40). Petitioner amended his federal application for writ of habeas corpus and filed a second state application for writ of habeas corpus on February 27, 2018, while this federal action was pending. See State Writ (docket entry no. 112-1). Respondent was ordered to show cause as to petitioner's amended claims on May 3, 2019. Respondent argues the claims are exhausted, procedurally barred or lack merit. This Memorandum Opinion and Order considers the Responses and petitioner's Reply. See Director Response (docket entry nos. 40 & 111); see also Petitioner'sReply (docket entry nos. 48, 77, 91 & 118).
The Tenth Court of Appeals reviewed petitioner's appeal of his state application for habeas relief for his companion charge of possessing a firearm1 which arose out of the same incident as the instant offense. The Tenth Court of Appeals summarized the relevant facts as follows:
[On May 28, 2011,] [Butler] allegedly shot through a closed door and hit his girlfriend, Pinkie Hardy, while at Hardy's residence in Bryan, Texas. According to the probable-cause statement made by Travis Hines to Sergeant Blake Bell, after the shooting, [Butler] fled the scene. When he left the scene, [Butler] was seen with a pistol in his possession. [Butler] fled in a vehicle to Waller County, Texas. After evading Waller County Sheriff's deputies, [Butler] crashed his vehicle on Highway 290 in Waller County. A semi-automatic pistol and cocaine were discovered in [Butler's] vehicle. Additionally, a large amount of United States currency was found on [Butler's] person. [Butler] was subsequently arrested.
Ex parte Butler, No. 10-13-00362-CR, 2014 WL 2466564, & 1 (Tex. App. - Waco May 29, 2014).
The Court has taken considerable time to review all the pleadings in this matter, the state court records, and the responses filed by the Respondent and Petitioner in order to compile a list of petitioner's claims.2 Giving the most liberal construction to petitioner's claims, the points of error are as follows:
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