Honken v. United States
Decision Date | 04 October 2013 |
Docket Number | CR01–3047–MWB.,Nos. CV10–3074–LRR,s. CV10–3074–LRR |
Citation | 42 F.Supp.3d 937 |
Parties | Dustin Lee HONKEN, Movant, v. UNITED STATES of America. |
Court | U.S. District Court — Northern District of Iowa |
42 F.Supp.3d 937
Dustin Lee HONKEN, Movant
v.
UNITED STATES of America.
Nos. CV10–3074–LRR
CR01–3047–MWB.
United States District Court, N.D. Iowa, Central Division.
Signed Oct. 4, 2013.
Aren Adjoian, Ayanna Sala Williams, Shawn Nolan, Timothy Patrick Kane, Philadelphia, PA, for Petitioner.
Charles J. Williams, Cedar Rapids, IA, Thomas Henry Miller, Des Moines, IA, for Respondent.
ORDER REGARDING MOTION TO VACATE, SET ASIDE OR CORRECT CONVICTIONS AND SENTENCES
LINDA R. READE, Chief Judge.
I. | INTRODUCTION | 962 |
II. | BACKGROUND | 962 |
A. | Underlying Criminal Proceedings | 962 |
1. | Drug charges against the movant in 1993 and disappearance of five witnesses | 962 |
2. | Drug charges against the movant in 1996 and efforts to avoid convictions | 965 |
3. | Ongoing investigation, charges against Angel a Johnson in 2000 and discovery of the victims' bodies | 969 |
4. | Charges in 2001 | 970 |
5. | Pre–trial filings and rulings | 972 |
6. | Jury selection and trial | 974 |
7. | Post–trial rulings and judgment | 978 |
8. | Direct appeal | 979 |
B. | Proceedings Related to Civil Action Under 28 U.S.C. § 2255 | 980 |
III. | STANDARDS APPLICABLE TO CLAIMS UNDER 28 U.S.C. § 2255 | 982 |
A. | Remedies on Motion Attacking Federal Sentence | 982 |
B. | Heightened Scrutiny in Capital Case | 984 |
C. | Ineffective Assistance of Counsel Under the United States Constitution | 985 |
1. | Overview | 985 |
2. | Deficient ficient performance | 986 |
3. | Prejudice | 988 |
4. | Appellate counsel | 989 |
5. | Summary | 990 |
D. | Harmless Error Review of Constitutional Error | 990 |
IV. | REVIEW OF GROUNDS FOR RELIEF | 991 |
A. | Ground One—Constitutional Violations Occurred as a Result of the Admission of the Judgments of Conviction that Related to the 1996 Case | 991 |
1. | Arguments of the parties | 991 |
a. |
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