Jacobs v. Horn

Citation129 F.Supp.2d 390
Decision Date20 February 2001
Docket NumberNo. 3:99CV1203.,3:99CV1203.
PartiesDaniel JACOBS, Petitioner v. Martin HORN, Commissioner, Pennsylvania Department of Corrections; Conner Blaine, Jr., Superintendent of the State Correctional Institution, Greene County; and Joseph P. Mazurkiewicz, Superintendent of the State Correctional Institution at Rockview, Respondents
CourtU.S. District Court — Middle District of Pennsylvania
MEMORANDUM

MUNLEY, District Judge.

In this habeas corpus action, we are asked to determine the constitutionality of Petitioner Daniel Jacobs' conviction of first degree murder and his sentence of death. The respondents are Martin Horn, Commissioner, Pennsylvania Department of Corrections; Conner Blaine, Jr., Superintendent of the State Correctional Institution, Greene County; and Joseph P. Mazurkiewicz, Superintendent of the State Correctional Institution at Rockview. The petitioner raises a multitude of issues involving alleged errors of the trial court and ineffectiveness of counsel. With one exception, we find all of petitioner's arguments to be either without merit or moot. However, because we find, for the reasons which follow, that the petitioner's death sentence violates the Constitution of the United States, we will conditionally grant the petition for a writ of habeas corpus.

Background

In 1992, a York County Court of Common Pleas jury convicted the petitioner of two counts of first degree murder for the slaying of his girlfriend, Tammy Mock, and their infant daughter, Holly Jacobs. The victims' bodies were found in the apartment where they had lived with the petitioner. Tammy Mock had been stabbed over 200 times and Holly Jacobs, who was seven months old, drowned in the bathtub. For Tammy Mock's death, petitioner was sentenced to die. He received a life sentence for Holly Jacobs' death. The facts are addressed with more particularity where appropriate below.

Standard of Review

Petitioner is seeking a writ of habeas corpus. A district court's power to grant habeas corpus relief to a state prisoner is outlined in 28 U.S.C. § 2254. Pursuant to 28 U.S.C. § 2254(a), a federal court is required to consider only petitions which challenge a state court judgment based upon a violation of the Constitution or the laws or treaties of the United States. In addition, it is required that the petitioner exhaust his state court remedies before bringing a federal habeas corpus action. 28 U.S.C. § 2254(b), Werts v. Vaughn, 228 F.3d 178, 192 (3d Cir.2000). This exhaustion requirement does not apply where there is an absence of available state corrective process or circumstances exist that render such process ineffective to protect the rights of the applicant. 28 U.S.C. § 2254(b)(1)(B)(i) and (ii).

Section 2254 proceeds to state:

An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim —

(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the Supreme Court of the United States; or

(2) 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).

On April 24, 1996, the Antiterrorism and Effective Death Penalty Act of 1996 (hereinafter "AEDPA") went into effect and amended the standards for reviewing state court judgments in federal habeas petitions filed under 28 U.S.C. § 2254. The above-quoted language is part of the amendment. Because Jacobs filed his petition on July 9, 1999, after the effective date of the AEDPA, we are required to apply the amended standards to his claim for federal habeas corpus relief. Werts, 228 F.3d at 195.

The Third Circuit has discussed the standard of review as follows:

The AEDPA increases the deference federal courts must give to the factual findings and legal determinations of the state courts. See Dickerson v. Vaughn, 90 F.3d 87, 90 (3d Cir.1996). Federal habeas corpus relief is precluded as to any claim that was adjudicated on the merits in a state court proceeding unless such adjudication:

(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or

(2) 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)(1) and (2) (1997). Factual issues determined by a state court are presumed to be correct and the petitioner bears the burden of rebutting this presumption by clear and convincing evidence. 28 U.S.C. § 2254(e)(1) (1997).

Id. at 196.

In Williams v. Taylor, the United States Supreme Court provided the following interpretation to the habeas corpus § 2254(d)(1) standard of review:

Under § 2254(d)(1), the writ may issue only if one of the following two conditions is satisfied—the state-court adjudication resulted in a decision that (1) "was contrary to...clearly established Federal law as determined by the Supreme Court of the United States," or (2) "involved an unreasonable application of...clearly established Federal law, as determined by the Supreme Court of the United States." Under the "contrary to" clause, a federal habeas court may grant the writ if the state court arrives at a conclusion opposite to that reached by this Court on a question of law or if the state court decides a case differently than this Court has on a set of materiality indistinguishable facts. Under the "unreasonable application" clause, a federal habeas corpus court may grant the writ if the state court identifies the correct governing legal principle from this Court's decisions but unreasonably applies that principle to the facts of the prisoner's case.

Williams v. Taylor, 529 U.S. 362, 412-13, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000).

By way of explanation, Third Circuit Court of Appeals has held the § 2254(d)(1) requires a federal habeas court to make two inquiries:

First, the federal habeas court must determine whether the state court decision was "contrary to" Supreme Court precedent that governs the petitioner's claim. Relief is appropriate only if the petitioner shows that "Supreme Court precedent requires an outcome contrary to that reached by the relevant state court." O'Brien [v. Dubois], 145 F.3d [16, 24-25 (1st Cir.1998)]. In the absence of such a showing, the federal habeas court must ask whether the state court decision represents an "unreasonable application of" Supreme Court precedent: that is, whether the state court decision, evaluated objectively and on the merits, resulted in an outcome that cannot reasonably be justified. If so, then the petition should be granted.

Matteo v. Superintendent, SCI Albion, 171 F.3d 877, 891 (3d Cir.1999) cert. denied sub nom Matteo v. Brennan, 528 U.S. 824, 120 S.Ct. 73, 145 L.Ed.2d 62 (1999) quoted in Werts, 228 F.3d at 196-97.

Consequently, two distinct steps are necessary for our analysis of the petitioner's claims. First, we examine the claims under the "contrary to" provision. We must identify the applicable Supreme Court precedent and determine whether it resolves the petitioner's claim. In Matteo, the Third Circuit Court of Appeals held:

[I]t is not sufficient for the petitioner to show merely that his interpretation of Supreme Court precedent is more plausible than the state court's; rather, the petitioner must demonstrate that the Supreme Court precedent requires the contrary outcome. This standard precludes granting habeas relief solely on the basis of simple disagreement with a reasonable state court interpretation of the applicable precedent. (emphasis in original)

Matteo, 171 F.3d at 888.

If it is determined that the state court's decision is not "contrary to" the applicable United States Supreme Court precedent, we move on to the second step of the analysis, that is whether the state court decision was based on an "unreasonable application of" Supreme Court precedent. This step requires more than a disagreement with the state court's decision or ruling because we would have reached a different result. Werts, 228 F.3d at 197. The AEDPA prohibits such de novo review. Id. Rather, we must determine whether the state court's application of United States Supreme Court precedent was objectively unreasonable. Id. That is, we must decide whether the state court's application of Supreme Court precedent, when evaluated objectively and on the merits, resulted in an outcome that cannot reasonably be justified under existing Supreme Court precedent. Id.

To summarize, we are empowered to grant relief only in the following two instances: 1) the petitioner demonstrates that Supreme Court precedent requires an outcome contrary to that reached by the state court; or 2) the state court decision represents an unreasonable application of Supreme Court precedent.1 In other words, the state court opinion, when evaluated objectively and on the merits, resulted in an outcome that cannot reasonably be justified. Matteo, 171 F.3d 877, 891 (3d Cir.1999). With this analytical framework in place, we will address the petitioner's claims.

Procedural history

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8 cases
  • Jacobs v. Horn
    • United States
    • U.S. Court of Appeals — Third Circuit
    • 20 Enero 2005
    ...the District Court conditionally granted the writ of habeas corpus to allow the Commonwealth to resentence Jacobs for murdering Tammy. Id. at 423. The District Court found each of Jacobs' remaining challenges to his convictions either lacking in merit or procedurally barred from federal hab......
  • Albrecht v. Horn, CIV.A.99-1479.
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • 21 Abril 2004
    ...been raised in any of the lower court proceedings, or that were raised at one level, but not at all required levels. Jacobs v. Horn, 129 F.Supp.2d 390, 398 (M.D.Pa.2001). This practice changed in 1998, when the Supreme Court issued its decision in this case on Petitioner's PCRA appeal. Albr......
  • Thomas v. Beard
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • 19 Agosto 2005
    ...Court relied on it, but rather as of the date of the waiver that allegedly occurred when Doctor escaped in 1986."); Jacobs v. Horn, 129 F.Supp.2d 390, 399 (M.D.Pa.2001). Thus, for claims deemed "waived" because they were presented for the first time in Thomas's PCRA petition, the relevant d......
  • Pursell v. Horn
    • United States
    • U.S. District Court — Western District of Pennsylvania
    • 1 Febrero 2002
    ...the publication of the last newspaper story on which the defendant relied and the start of jury selection); see also Jacobs v. Horn, 129 F.Supp.2d 390, 411 (M.D.Pa.2001) (refusing to presume prejudice when, among other things, the articles in question ran seven months before the trial). Thu......
  • Request a trial to view additional results

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