56 F.Supp.3d 709
Melvin HOWARD, Plaintiff
v.
Martin HORN, et al., Respondents.
Civil Action No. 99–4880.
United States District Court, E.D. Pennsylvania.
Signed Nov. 4, 2014.
56 F.Supp.3d 714
Anne L. Saunders, Federal Public Defender, Harrisburg, PA, Michael Wiseman, Swarthmore, PA, Ayanna Williams, Billy H. Nolas, Elizabeth Ann Larin, Mary E. Hanssens, Federal Defender's Office, Philadelphia, PA, for Plaintiff.
Thomas W. Dolgenos, Anne Palmer, District Attorney's Office, Philadelphia, PA, for Respondents.
MEMORANDUM
EDUARDO C. ROBRENO, District Judge.
| I. |
FACTUAL BACKGROUND |
715 |
| II. |
PROCEDURAL BACKGROUND |
715 |
| III. |
LEGAL STANDARD |
716 |
| IV. |
DISCUSSION |
717 |
| A. |
Claim A: Ineffectiveness for Failure to Reasonably Investigate, Develop, and Present Exculpatory Background and Mental Health Evidence |
717 |
| 1. |
Standard for IAC Claims |
718 |
| 2. |
Analysis |
719 |
| a. |
Actual Innocence |
719 |
| b. |
No Prejudice |
720 |
| B. |
Claim B: The Prosecutor Used His Peremptory Challenges in a Racially Discriminatory Manner; Counsel Were Ineffective at Trial and on Direct Appeal |
721 |
| 1. |
Step 1: Prima Facie Showing |
722 |
| a. |
Statistical Evidence |
723 |
| b. |
Culture of Discrimination |
723 |
| 2. |
Step 2: Race–Neutral Explanation |
724 |
| 3. |
Step 3: Proving Purposeful Discrimination |
725 |
| C. |
Claim C: The Prosecutor's Closing Argument Violated Due Process; Trial Counsel Was Ineffective for Failing to Object to the Improper Argument |
726 |
| 1. |
Statements on Witness's Military Background |
727 |
| 2. |
Statement about Petitioner's Failure to Call Fred Brown |
728 |
| 3. |
Statement Faulting Petitioner for Failing to Produce Witnesses or Evidence |
729 |
| 4. |
Statement Suggesting that the Jury Base Their Verdict on Sympathy for the Victim |
729 |
| 5. |
Statements About Juror's Duty to Protect Decent Neighborhoods and Provide Solution to Crime |
730 |
| 6. |
Cumulative Prosecutorial Misconduct |
730 |
| D. |
Claim E: Ineffectiveness of Trial Counsel for Failure to Timely Request a Jury Instruction that the Jury Could Not Draw an Adverse Inference from Petitioner's Failure to Testify |
730 |
| 1. |
Harmless Error |
731 |
| 2. |
Performance Prong |
732 |
| 3. |
Prejudice Prong |
733 |
| a. |
Review of the Evidence |
733 |
| b. |
Petitioner is Not Entitled to Habeas Relief |
734 |
| V. |
CERTIFICATE OF APPEALABILITY |
736 |
| VI. |
CONCLUSION |
737 |
56 F.Supp.3d 715
Melvin Howard (“Petitioner”) is a prisoner at State Correctional Institution–Greene in Waynesburg, Pennsylvania. Petitioner filed a counseled petition seeking relief through a writ of habeas corpus under 28 U.S.C. § 2254 (“Habeas Petition”). Magistrate Judge Lynne A. Sitarski (“Judge Sitarski”) recommended denial of the Habeas Petition without an evidentiary hearing and with no certificate of appealability. Petitioner's counsel raises four objections. For the following reasons, the Court will adopt Judge Sitarski's Report and Recommendation.
I. FACTUAL BACKGROUND
In 1989, Petitioner was convicted of first degree murder and sentenced to death. In 2011, Petitioner's death sentence was vacated and he was resentenced to life in prison without parole. The conviction stems from an altercation between Petitioner and two other men that resulted in Petitioner stabbing one of the...
