Cabbagestalk v. McFadden
Decision Date | 08 June 2015 |
Docket Number | No.: 5:14-cv-03771-RMG-KDW,: 5:14-cv-03771-RMG-KDW |
Court | U.S. District Court — District of South Carolina |
Parties | Shaheen Cabbagestalk, #295567, Petitioner, v. Warden J. McFadden, Respondent. |
Petitioner Shaheen Cabbagestalk ("Petitioner") is a state prisoner who filed this pro se Petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter is before the court pursuant to 28 U.S.C. § 636(b)(1)(B), and Local Civil Rule 73.02(B)(2)(c) DSC, for a Report and Recommendation on Respondent's Return and Motion for Summary Judgment. ECF Nos. 70, 71. On February 17, 2015, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the court advised Petitioner of the summary judgment procedures and the possible consequences if he failed to respond adequately to Respondent's motion. ECF No. 74. Petitioner filed a Response in Opposition to Respondent's Motion for Summary Judgment on March 4, 2015. ECF No. 84. Having carefully considered the parties' submissions and the record in this case, the undersigned recommends that Respondent's Motion for Summary Judgment, ECF No. 71, be granted.
Petitioner is currently incarcerated in the Lieber Correctional Institution of the South Carolina Department of Corrections ("SCDC"). In March 2007, Petitioner was indicted by aDillon Grand Jury for Assault and Battery with Intent to Kill ("ABWIK") (2007-GS-17-0363), and one count of Armed Robbery (2007-GS-17-0364). App. 625-26.1 On August 27-28, 2007, Petitioner proceeded to a jury trial before the Honorable Howard P. King. App. 19-138. Attorney Glenn Manning represented Petitioner, and Assistant Solicitors Kinard Redmond and Lee Hayes appeared on behalf of the State. Id. During the testimony of State's witness Officer Barfield, Petitioner passed a written note to Attorney Manning indicating that he reached a decision not to go forward and wanted to plead guilty. App. 109. Petitioner then pleaded guilty to the armed robbery charge, and the State dismissed the ABWIK charge. App. 113, 118. Judge King sentenced Petitioner to eighteen years imprisonment for the armed robbery conviction. App. 133.
Attorney Manning timely sought a direct appeal of the conviction and sentence on Petitioner's behalf. ECF No. 70-5. Appellate Defender Katherine H. Hudgins represented Petitioner on appeal and briefed the following issue pursuant to Anders v. California, 386 U.S. 738 (1967): "Did the judge err in amending the indictment by changing the name from James Cabbagestalk to Shaheen Ramel Cabbagestalk?" ECF No. 70-5. Petitioner also filed a pro se Brief and argued that police, judges and solicitor violated his 4th, 5th, 6th, 8th, and 14th Amendment rights. ECF No. 70-9. Specifically, Petitioner contended that the warrants issued did not meet Fourth Amendment requirements and maintained that nothing in the police report contained his name. Id. at 8. Petitioner also asserted the speedy trial motion was granted without his consent and he was compelled and coerced into going to trial. Id. at 9. Additionally, Petitioner argues that his trial counsel was focused on a funeral he had recently attended and not on Petitioner's trial causing him to receive ineffective assistance of trial counsel. Id. Petitionerfurther argued he was never indicted and his plea was unintelligent, unknowing, and involuntary. Id. at 10. Petitioner maintained the trial judge erred in amending the indictment over Petitioner's objection. Id. at 10-11. Petitioner also appeared to have contended a plea agreement was breached based on the sentence he received. Id. at 12. On November 19, 2009, the South Carolina Court of Appeals dismissed Petitioner's appeal and granted Attorney Hudgin's motion to be relieved as counsel. ECF No. 70-11. On December 3, 2009, Petitioner filed a letter with the South Carolina Court of Appeals that was treated as a Petition for Rehearing. ECF No. 70-12. The South Carolina Court of Appeals denied the Petition for Rehearing on January 21, 2010. ECF No. 70-13. On February 25, 2010, the South Carolina Court of Appeals issued a Remittitur. ECF No. 70-14.
App. 142-43. As facts supporting each ground set out, Plaintiff indicated: "Constitutional common law/S.C. Rules of court and criminal procedures, Court transcript, Exhibits, facts, me and prison I.D., witnesses, cases, S.C.D.C. policy/op-21.09 Inmate Records plan, Recent cases overturned or dismissed do to same violations in this case that holds me falsely imprisoned." Id. at 143.
On May 21, 2010, the State filed a Return and requested an evidentiary hearing. App. 170-175. An evidentiary hearing was conducted before the Honorable J. Michael Baxley on May 15, 2012. App. 217. Petitioner was present and represented by Heather M. Cannon, Esq., and Assistant Attorney General J. Andrew Johnson represented the State. Id. Petitioner, witness James Cabbagestalk, and Petitioner's plea attorney Glenn Manning testified at the hearing. App. 218.
In an Order filed June 6, 2012, the PCR court denied Petitioner's PCR Application in full, making the following summary of evidence and findings of fact and conclusions of law:
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