Jefferson v. Vannoy
Decision Date | 01 December 2021 |
Docket Number | Civil Action 21-471 |
Parties | CALVIN BERNARD JEFFERSON v. DARREL VANNOY, WARDEN |
Court | U.S. District Court — Eastern District of Louisiana |
SECTION "H" (5)
REPORT AND RECOMMENDATION
This matter was referred to the undersigned United States Magistrate Judge to conduct a hearing including an evidentiary hearing if necessary, and to submit proposed findings and recommendations for disposition pursuant to 28 U.S.C. § 636(b)(1)(B) and (C), and as applicable, Rule 8(b) of the Rules Governing Section 2254 Cases in the United States District Courts. Upon review of the entire record, the Court has determined that this matter can be disposed of without an evidentiary hearing. See 28 U.S.C. § 2254(e)(2). For the following reasons, IT IS RECOMMENDED that the petition for habeas corpus relief be DISMISSED WITH PREJUDICE.
Petitioner Calvin Bernard Jefferson, is a state prisoner incarcerated at the Louisiana State Penitentiary in Angola, Louisiana. In June 2012, he was indicted for second-degree murder.[1] Several days into trial, on June 9, 2017 he withdrew his plea of not guilty and entered an Alford plea, over the State's objection, to second-degree murder.[2] He was sentenced to life imprisonment at hard labor without the benefit of probation, parole or suspension of sentence.
Jefferson appealed asserting one assignment of error. He argued that the trial court erred in denying his motion to suppress the statements he made after he advised officers that he had counsel. On September 24, 2018, the Louisiana First Circuit Court of Appeal affirmed his conviction and sentence.[3] On February 25, 2019, the Louisiana Supreme Court denied his application for writ of certiorari.[4]
On or about September 6, 2019, Jefferson submitted an application for postconviction relief to the state district court.[5] In that application, he raised two grounds for relief: (1) his guilty plea was not voluntarily, intelligently or knowingly entered; and (2) he was denied the effective assistance of counsel during plea negotiations. On October 28, 2019, the state district court denied relief on the merits.[6] On February 18, 2020, the Louisiana First Circuit denied his supervisory writ application.[7] On October 20, 2020, the Louisiana Supreme Court denied relief.[8] The Court determined that he failed to show that he was denied the effective assistance of counsel during plea negotiations under the standard of Strickland v. Washington, 466 U.S. 668 (1984), and he failed to satisfy his burden of proof as to the remaining claims.
Title 28 U.S.C. § 2254(d)(1) and (2), The Antiterrorism and Effective Death Penally Act of 1996 (AEDPA), provides the applicable standards of review for pure questions of fact, pure questions of law, and mixed questions of both. A state court's purely factual determinations are presumed to be correct and a federal court will give deference to the state court's decision unless it "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); see also 28 U.S.C. § 2254(e)(1) () . With respect to a state court's determination of pure questions of law or mixed questions of law and fact, a federal court must defer to the decision on the merits of such a claim unless that decision "was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States." 28 U.S.C. § 2254(d)(1).
The "'contrary to' and 'unreasonable application' clauses [of § 2254(d)(1)] have independent meaning." Bell v. Cone, 535 U.S. 685, 694 (2002). A state-court decision is "contrary to" clearly established precedent if the state court applies a rule that contradicts the governing law set forth in the United States Supreme Court's cases or if the state court confronts a set of facts that are materially indistinguishable from a decision of the United States Supreme Court and nevertheless arrives at a result different from United States Supreme Court precedent. Williams v. Taylor, 529 U.S. 362, 405-06 (2000); Wooten v. Thaler, 598 F.3d 215, 218 (5th Cir.), cert, denied, 131 S.Ct. 294 (2010). An "unreasonable application" of [United States Supreme Court] precedent occurs when a state court "identifies the correct governing legal rule... but unreasonably applies it to the facts of the particular state prisoner's case." Williams, 529 U.S. at 407-08; White v. Woodall, 572 U.S. 415, 426(2014).
It is well-established that "an unreasonable application is different from an incorrect one." Bell, 535 U.S. at 694. A state court's merely incorrect application of Supreme Court precedent simply does not warrant habeas relief. Puckett v. Epps, 641 F.3d 657, 663 (5th Cir. 2011) (). "[E]ven a strong case for relief does not mean the state court's contrary conclusion was unreasonable" under the AEDPA. Harrington v. Richter, 562 U.S. 86, 102 (2011). Section 2254(d) preserves authority to issue the writ in cases where there is "no possibility fairminded jurists could disagree that the state court's decision conflicts with [United States Supreme Court] precedents." Id. (emphasis added); see also Renico v. Lett, 559 U.S. 766, 779 (2010) ().
A. Denial of motion to suppress statements
Jefferson claims that the state court erred in denying the defense motion to suppress his statements, which were elicited after he had invoked his right to have counsel present during questioning, and absent a valid waiver of his Miranda rights. On direct appeal, the Louisiana First Circuit denied the claim, holding:
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