Denton v. United States
Decision Date | 11 June 2018 |
Docket Number | CASE NO. 3:14-CV-8052-SLB,Crim. Case No. 3:11-CR-54-SLB-JEO |
Parties | RICKY WALTER DENTON, Petitioner, v. UNITED STATES OF AMERICA, Respondent. |
Court | U.S. District Court — Northern District of Alabama |
This case is presently pending before the court on petitioner Ricky Walter Denton's Renewed and Amended Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2255. (Doc. 30.)1
For the reasons set forth herein, the court finds that Denton's claim of ineffective assistance of appellate counsel is without arguable merit and his remaining claims are procedurally barred. Therefore, the court will summarily dismiss his ineffective assistance claim and will order Denton to show cause, in writing, why his remaining claims should not be dismissed summarily. See 28 U.S.C. § 2255(b);2 Pava v. United States, No.8:07-CR-289-T-24 AEP, 2011 WL 1337510, *1 (M.D. Fla. Apr. 7, 2011)("The Court will not cause notice [of petitioner's § 2255 Motion to Vacate] to be served upon the United States Attorney and shall proceed to address the matter, because a review of this motion and the record in this case conclusively shows that Petitioner is not entitled to relief.").
The Supreme Court has held "that an ineffective-assistance-of-counsel claim may be brought in a collateral proceeding under § 2255, whether or not the petitioner could have raised the claim on direct appeal." Massaro v. United States, 538 U.S. 500, 504 (2003). Therefore, unlike his remaining claims, Denton's claim of ineffective assistance of appellate counsel is not procedurally barred. However, the court's review of this claim shows conclusively that it is without arguable merit and due to be summarily dismissed.
Denton argues that his appellate counsel was ineffective for failing to argue effectively his claim of error based on this court's denial of his request for access to legal materials in preparation for his trial. (Doc. 30-1 at 61.) Specifically, he contends, "During [oral] argument the panel [of the Eleventh Circuit] asked [Denton's appellate counsel,] '[H]ow did the denial of law books prejudice Mr. Denton[?]'" and his counsel did notrespond. (Id.) He claims that counsel should have argued that "the denial of access to law books denied [him] his right to represent himself fairly." (Id.)
With regard to a claim of ineffective assistance of appellate counsel, the Eleventh Circuit has held:
Strickland [v. Washington, 466 U.S. 668 (1984),] governs a claim of ineffective assistance of appellate counsel. Dell v. United States, 710 F.3d 1267, 1273 (11th Cir. 2013). Under Strickland, a petitioner must show (1) his attorney's performance was deficient, and (2) the deficient performance prejudiced the petitioner's defense. 466 U.S. at 687. When considering deficient performance, a court must presume counsel's performance was "within the wide range of reasonable professional assistance." Id. at 689. Appellate counsel has no duty to raise every non-frivolous issue and may reasonably weed out weaker (albeit meritorious) arguments. See Philmore v. McNeil, 575 F.3d 1251, 1264 (11th Cir. 2009). "Generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome." Smith v. Robbins, 528 U.S. 259, 288 (2000)(quoting Gray v. Greer, 800 F.2d 644, 646 (7th Cir. 1986)); see also Burger v. Kemp, 483 U.S. 776, 784 (1987)(counsel when the failure to raise a particular issue had "a sound strategic basis") no ineffective assistance of . A petitioner satisfies the prejudice prong upon showing that "there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Strickland, 466 U.S. at 694.
Overstreet v. Warden, 811 F.3d 1283, 1287 (11th Cir. 2016)(emphasis added; parallel Supreme Court Reporter citations omitted). Brooks v. Comm'r, Alabama Dep't of Corr., 719 F.3d 1292, 1300 (11th Cir. 2013)(internal quotations and citations omitted). Although the Strickland test has two distinct parts, Strickland, 466 U.S. at 697. "If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, . . . that course should be followed." Id.
The court finds that Denton has not alleged, and cannot show, prejudice resulting from appellate counsel's alleged failure to argue effectively that the denial of law books prejudiced Denton's defense. The law is well established that "a criminal defendant who seeks to proceed pro se has no right to access a law library to aid him in his own defense at trial where he has already been provided the option of legal counsel." Smith v. Hutchins, 426 Fed. Appx. 785, 789 (11th Cir. 2011)(citing Edwards v. United States, 795 F.2d 958, 961 nn.1 and 3 (11th Cir.1986))(footnote omitted);3 see Edwards, 795 F.2d at 961 n.3 (, )cited in Daker v. Warren, 660 Fed. Appx. 737, 740 (11th Cir. 2016), cert. denied, 138 S. Ct. 94 and 138 S. Ct. 98 (2017); United States v. Stringer, 546 Fed. Appx. 896, 897 (11th Cir. 2013); United States v. Denton, 535 Fed. Appx. 832, 835 (11th Cir. 2013). Indeed, in Denton's direct appeal, the Eleventh Circuit held:
Denton, 535 Fed. Appx. at 835 (emphasis added).
In this case, given the Eleventh Circuit's decision on appeal, Denton cannot show that, but for the alleged deficient performance of his appellate counsel at oral argument - her failure to argue that denying Denton access to a law library prejudiced his right to representhimself, "there is a reasonable probability that . . . the result of [his appeal] would have been different." Strickland, 466 U.S. at 694. Even if appellate counsel had argued to the Circuit Court that denial of access to a law library had prejudiced Denton's ability to represent himself at trial, this "prejudice" was the result of Denton's choice to eschew appointed trial counsel and represent himself - it was not the result of the denial of his right to represent himself. Therefore, the court finds that Denton's claim of ineffective assistance of appellate counsel is due to be dismissed with prejudice.
With the exception of his claim that appellate counsel was ineffective, the court finds that the grounds for relief asserted in Denton's Amended and Renewed Petition4 areprocedurally barred because either (1) the Eleventh Circuit decided the issues in Denton's prior appeals, see United States v. Denton, 535 Fed. Appx 832 (11th Cir. 2013)(the appeal of his conviction and sentence) and United States v. Denton, 697 Fed. Appx. 963 (11th Cir. 2017)(the appeal of the court's denial of his motion for new trial), or (2) Denton could have, but did not, raise the issues on direct appeal. "It is long settled that a prisoner is procedurally barred from raising arguments in a ...
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