Flinn v. Sexton
Decision Date | 07 March 2018 |
Docket Number | No. 3:15-cv-00016,3:15-cv-00016 |
Parties | JAMES M. FLINN, Petitioner, v. DAVID A. SEXTON, Respondent. |
Court | U.S. District Court — Eastern District of Tennessee |
REEVES/GUYTON
This is a pro se prisoner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 [Docs. 1, 14, 20].1 Respondent filed answers thereto, as well as copies of the state record [Docs. 17, 21, 27, 31-33]. Petitioner filed a reply [Doc. 28]. After reviewing all of the relevant filings, including the state court records, the Court finds that the record establishes that Petitioner is not entitled habeas relief. Accordingly, no evidentiary hearing is warranted, see Rules Governing § 2254 Cases, Rule 8(a) and Schirro v. Landrigan, 550 U.S. 465, 474 (2007), Petitioner's § 2254 petition [Docs. 1, 14, 20] will be DENIED, and this action will be DISMISSED.
An Anderson County jury found Petitioner guilty of one count of first-degree murder. State v. Flinn, No. E2009-00849-CCA-R3-CD, 2013 WL 6237253, at *1 (Dec. 3, 2013). In his appeal of this conviction, Petitioner raised a number of arguments, including the argument that his right to due process was violated because the State failed to prove that the offense was committed beforethe return of the indictment as required by Tenn. Code Ann. § 39-11-201(a)(4) [Doc. 33-1 p. 58-64]. The Tennessee Court of Criminal Appeals ("TCCA") found that the evidence sufficiently established that the offense was committed before the return of the indictment, however, and therefore affirmed Petitioner's conviction. Id. at 49-50, 83.
The indictment charging Petitioner with first-degree murder in the underlying criminal proceedings states as follows:
THE GRAND JURORS FOR THE STATE OF TENNESSEE, duly elected, impaneled, sworn, and charged to inquire in and for the body of the County of Anderson in the state aforesaid, upon their oath, present that
JAMES MICHAEL FLINN
[Doc. 32-23 p. 36]. The record establishes that this indictment was read to the jury and was an exhibit to the trial [Doc. 31-8 p. 4; Doc. 32-23 p. 36]. The record further demonstrates that an investigator testified at Petitioner's criminal trial about his investigation of the Beggs murder and the evidence that came up therein, stating in relevant part that he "focused his energy on the information and evidence that [they] had and it ultimately ended up in the indictment and arrest of [Petitioner]" [Doc. 31-15 p. 51-52].
The jury instructions in the underlying criminal proceedings stated in relevant part that [Doc. 32 p. 1-2].
The Tennessee Criminal Court of Appeals ("TCCA") stated as follows in denying Petitioner relief for his claim that his right to due process was violated because the State failed to prove that the offense was committed before the return of the indictment as required by Tenn. Code Ann. § 39-11-201(a)(4):
Under the Antiterrorism and Effective Death Penalty Act ("AEDPA"), codified in 28 U.S.C. § 2254, et. seq., a district court may not grant habeas corpus relief for a claim that a state court adjudicated on the merits unless the state court's adjudication of the claim:
28 U.S.C. § 2254(d)(1)-(2).
The § 2254(d) standard is a hard standard to satisfy. Montgomery v. Bobby, 654 F.3d 668, 676 (6th Cir. 2011) ( )(quoting Harrington v. Richter, 131 S. Ct. 770, 786 (2011)). Further, where the record supports the state court's findings of fact, those findings are entitled to a presumption of correctness which may be rebutted only by clear and convincing evidence. 28 U.S.C. § 2254(e)(1).
In his § 2254 habeas corpus petition [Docs. 1, 14, 20] Petitioner raises various claims, all of which relate to the reading of the indictment at trial. Specifically, Petitioner asserts that:
The Court will address each of these arguments in turn based on the substance thereof.
First, Petitioner argues that the evidence at trial was insufficient to establish that the offense occurred before the return of the indictment. This claim is without merit, however, as the record establishes a rational juror could have concluded that the evidence presented at trial established beyond a reasonable doubt that the offense occurred before the return of the indictment.
Section 39-11-201(a)(4) of the Tennessee Code also provides in relevant part that "[n]o person may be convicted of an offense unless [] the following is proven beyond a reasonable doubt . . . the offense was committed prior to the return of the formal charge." Tenn. Code Ann. § 39-11-201(a)(4). The Supreme Court has stated that it is within the province of the State to regulate the manner in...
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