Fields v. Roper

• Decision Date: 08 September 2006
• Docket Number: No. 4:03CV1389 RWS.,4:03CV1389 RWS.
• Parties: James FIELDS, Petitioner, v. Don ROPER, Respondent.
• Court: U.S. District Court — Eastern District of Missouri

448 F.Supp.2d 1113

James FIELDS, Petitioner, v. Don ROPER, Respondent.

No. 4:03CV1389 RWS.

United States District Court, E.D. Missouri, Eastern Division.

September 8, 2006.

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MEMORANDUM AND ORDER

SIPPEL, District Judge.

This matter is before me on the petition for writ of habeas corpus filed by petitioner James Fields. I referred this matter to United States Magistrate Judge Frederick R. Buckles for a report and recommendation on all dispositive matters pursuant to 28 U.S.C. § 636(b). On August 10, 2006, Judge Buckles filed his recommendation that petitioner's habeas petition should be denied.

Petitioner objects to the Report and Recommendation. In his objections, petitioner argues that Judge Buckles improperly concluded that Grounds 4 and 5 of his petition were procedurally defaulted. Petitioner also claims that Judge Buckles erroneously determined that his petition should be denied. I have conducted a de novo review of the entire file, including all matters relevant to the petition. After careful consideration, I will adopt and sustain the thorough reasoning of Magistrate Judge Buckles and will deny petitioner's habeas petition.

First, Judge Buckles correctly determined that Grounds 4 and 5 of petitioner's habeas petition are procedurally defaulted because they were not raised on direct appeal or on appeal from the denial of his motion for post-conviction relief. Judge Buckles correctly rejected petitioner's argument—raised again here as an objection to the Report and Recommendation—that this court can conduct "plain error" review of his procedurally defaulted claims. As Judge Buckles explained, procedurally defaulted claims cannot be reached by the federal habeas court unless the petitioner demonstrates adequate cause to excuse his default and resulting prejudice, or actual innocence. Although petitioner alleged that ineffective assistance of counsel constituted cause for his procedural default, Judge Buckles properly rejected that claim as insufficient to avoid the procedural bar. While ineffective assistance of counsel can, in some instances, constitute cause to avoid the procedural bar, in this case it cannot. Because petitioner's ineffective assistance of counsel claims are themselves procedurally defaulted, they cannot serve as a basis for demonstrating "cause" and avoiding the procedural bar with respect to the underlying claims. Edwards v. Carpenter, 529 U.S. 446, 453, 120 S.Ct. 1587, 146 L.Ed.2d 518 (2000). Because Grounds 4 and 5 are procedurally defaulted, I will overrule petitioner's objection to the procedural default analysis contained in the Report and Recommendation.

With respect to petitioner's claims that are not procedurally defaulted, I agree with Judge Buckles that the state court determination on the merits of these claims was not "contrary to" or an "unreasonable application of" clearly established federal law. 28 U.S.C. § 2254(d)(1). I also agree that petitioner has not shown that the state court determination "resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding." 28 U.S.C. § 2254(d)(2). Because Judge Buckles correctly decided petitioner's claims, I am overruling petitioner's objections to the Report and Recommendation and will deny habeas relief for the reasons stated in the Report and Recommendation.

I have also considered whether to issue a certificate of appealability. To grant a certificate of appealability, the Court must find a substantial showing of the denial of a federal constitutional right. See Tiedeman v. Benson, 122 F.3d 518, 522 (8th Cir.1997). A substantial showing is a showing that issues are debatable among reasonable jurists, a court could resolve the issues differently, or the issues deserve further proceedings. Cox v. Norris, 133 F.3d 565, 569 (8th Cir.1997) (citing Flieger v. Delo, 16 F.3d 878, 882-83 (8th Cir. 1994)).

Petitioner has not made such a showing. Therefore, I will not issue a certificate of appealability.

Accordingly,

IT IS HEREBY ORDERED that the Report and Recommendation filed on August 10, 2006[# 19] is adopted and sustained in its entirety.

IT IS FURTHER ORDERED that petitioner's objections to the Report and Recommendation [# 22] are overruled in their entirety.

IT IS FURTHER ORDERED that Petitioner James Fields's Petition for Writ of Habeas Corpus is DENIED.

IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability.

A separate judgment in accordance with this Memorandum and Order is entered this same date.

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

BUCKLES, United States Magistrate Judge.

Presently before this Court is the pro se petition of Missouri State prisoner James Fields for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. All pretrial matters have been referred to the undersigned United States Magistrate Judge for appropriate disposition pursuant to 28 U.S.C. § 636(b).

On November 16, 1998, following a trial by jury in the Circuit Court of the City of St. Louis, Missouri, James Fields ("Petitioner") was convicted of murder in the first degree, assault in the first degree, and two corresponding counts of armed criminal action. (Resp.Exh. C, 158-161.)¹ On February 4, 1999, the Honorable Timothy Wilson sentenced Petitioner as a prior and persistent offender to life in prison without the possibility of parole for the murder conviction, and thirty years' imprisonment for each of the three remaining convictions, the sentences to run concurrently. (Resp.Exh. C, 176-179.) Petitioner is presently incarcerated at the Potosi Correctional Center located in Mineral Point, Missouri.

Petitioner filed a timely appeal with the Missouri Court of Appeals on the grounds of insufficiency of the evidence, denial of due process based upon alleged prosecutorial misconduct, and judicial misconduct. (Resp.Exh. C, 182-83); State v. Fields, 18 S.W.3d 446 (Mo.Ct.App.2000) (per curiam) (motion for reh'g and transfer denied May 10, 2000; application for transfer to Missouri Supreme Court denied June 27, 2000.) On March 28, 2000, the Missouri Court of Appeals affirmed Petitioner's conviction and sentence. Id. On August 28, 2000, Petitioner filed a timely post-conviction motion and a first amended motion and request for an evidentiary hearing pursuant to Missouri Supreme Court Rule 29.15, alleging ineffective assistance of counsel and prosecutorial misconduct. (Resp. Exh. H, 3-16 and 24-41.)² An evidentiary hearing was held on November 1, 2001, following which the court denied Petitioner's motion. (Resp. Exh. G and Resp. Exh. H, 42-48.) Petitioner then filed a timely appeal in the Missouri Court of Appeals, which affirmed on May 20, 2003. (Resp.Exh. K.) The instant petition for writ of habeas corpus was filed in this Court on October 6, 2003.

In his original Petition, Petitioner raises three claims for relief:

(1) That the trial court erred in denying his motion for judgment of acquittal as to Count I, murder in the first degree, because the State failed to prove deliberation as required by law to support a conviction for murder in the first degree;

(2) That the trial court erred in failing to declare a mistrial when the prosecuting attorney, during closing argument, disparaged Petitioner's alibi defense; and

(3) That the trial court erred in failing to find Petitioner's trial counsel ineffective when she failed to present the alibi testimony of Tyhesha Williams and Louwanna Williams.

Respondent argues that Petitioner's claims lack merit and should be denied.

In a subsequent Traverse, Petitioner appears to raise additional claims for habeas relief, and specifically,

(4) That the trial court erred in failing to conduct a Batson³ hearing, given that the prosecutor used peremptory challenges to strike three African-American venire persons; and

(5) That the trial court erred by allowing the State to proffer evidence relating to a separate shooting for which Petitioner was charged and tried simultaneously with the offenses at issue herein, but upon which Petitioner was acquitted.

In an Order entered May 10, 2006, this Court provided Petitioner an opportunity to address the apparent defaulted nature of these claims. Petitioner responded to this Order on July 3, 2006. The defaulted nature of these claims is discussed, infra.

I. Exhaustion Analysis

Before this Court may grant relief on the merits of a petition for a writ of habeas corpus, a petitioner must first exhaust his state law remedies. 28 U.S.C. § 2254(b)(1); O'Sullivan v. Boerckel, 526 U.S. 838, 842, 119 S.Ct. 1728, 144 L.Ed.2d 1 (1999). This exhaustion requirement is satisfied if a petitioner has fairly presented his claims first in state court, or if there are no currently available non-futile state remedies. Smittie v. Lockhart, 843 F.2d 295, 296 (8th Cir.1988). The court must first examine whether the constitutional dimensions of Petitioner's claims have been fairly presented to the state court. Id. If not, the petitioner may still meet the exhaustion requirement if there are no currently available non-futile state remedies by which he could present his claims to the state court. Id. Even if a petitioner meets the exhaustion requirement in this manner, the federal court still may not reach the merits of the petitioner's claim unless the petitioner: (1) demonstrates adequate cause to excuse his state court default, and actual prejudice resulting from the alleged unconstitutional error; or (2) that a fundamental miscarriage of justice would occur in the absence of federal review. Coleman v. Thompson, 501 U.S. 722, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991). A review of the record shows that Petitioner has satisfied the exhaustion requirement with regard to the claims raised in Grounds one and three, as he properly raised these claims in state court, where they were determined on their merits.

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