Jenkins v. Superintendent Highlands
Decision Date | 24 March 2015 |
Docket Number | CIVIL NO. 3:CV-10-0984 |
Parties | ROBERT JENKINS, Petitioner v. SUPERINTENDENT OF LAUREL HIGHLANDS, et al., Respondents |
Court | U.S. District Court — Middle District of Pennsylvania |
(Judge Caputo)
This matter is before the court on a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 filed by Robert Jenkins. (Doc. 1, Pet.) Mr. Jenkins challenges his York County Court of Common Pleas convictions for possession with intent to deliver (PWID) a controlled substance (cocaine),1 criminal conspiracy to possess with intent to deliver a controlled substance (cocaine),2 false identification to law enforcement,3 and two counts of possession of a controlled substance (cocaine and marijuana).4 Following a jury trial, he was sentenced to an aggregate term of eleven to twenty-two years' imprisonment. (Doc. 27-2, ECF p. 193,Commonwealth of Pennsylvania v. Jenkins, 928 A.2d 1124 (Pa. Super. 2007)(Table, 279 MDA 2006).)
Based on consideration of the Petition, the Response (Doc. 27, Resp.), Mr. Jenkins' Reply (Doc. 30, Reply), the state record, and the applicable law, the Petition will be denied. Additionally, a certificate of appealability will not be issued.
Mr. Jenkins is challenging the validity of his conviction and sentence for several drug-related offenses imposed by York County Court of Common Pleas. The Pennsylvania Superior Court set forth the following statement of facts in its opinion affirming Mr. Jenkins' convictions:
(Doc. 27-2, ECF pp. 191 - 193, Commonwealth of Pennsylvania v. Jenkins, 988 A.2d 721 (Pa. Super. 2009)(Table, 2229 MDA 2008).)
The following additional facts are gleaned from the trial transcript. As Officer Blake McBride, Officer Lawson and Sergeant Mehring entered the second floor apartment, they announced their presence as police officers and ordered anyone present to come out. (Doc. 27-1, ECF pp. 95-96). A "very strong odor of marijuana" was present as they ascended the stairs. (Id.) They continued to search the second and third floor area for additional individuals. They concluded their security sweep, search when they determined neither Akeem Cole nor any other individual was present in the second or third floor apartment. (Id., ECF p. 98.)
However, during the sweep of the second and third floor apartment, police observed drugs and drug paraphernalia the kitchen and bathroom of the apartment. (Id., ECF p. 97.) At the conclusion of their security sweep, Officer McBride contacted Detective McBride and advised him of the presence of drug and other contraband. (Id., ECF p. 98.) The house was then secured while Detective McBride prepared and obtained a search warrant for the second and third floor apartment. (Id., ECF pp. 111-12.)
Upon obtaining the search warrant, Detective McBride advised the on-site detectives that he "had a signed search warrant and they could start searching." (Id., ECF p. 111.) An inventory of items seized from the apartment was made. The seized items included sandwich baggies, baking soda, and a black digital scale seized from the kitchen. (Id., ECF p. 115-16.) Two additional digital scales werefound elsewhere in the apartment. (Id., ECF p. 122 and p. 129.) Approximately a pound of marijuana was confiscated from the apartment's toilet trap. (Id., ECF p. 136.) Two baggies of cocaine hydrochloride were found inside the kitchen refrigerator. (Id., ECF p. 140 and pp. 320 - 322.) Over 100 grams of cocaine was discovered during the search.6
Several letters addressed to Norma Gonzalez were seized from the kitchen. (Id., ECF pp. 117-18.) The letters were taken by the police "for the fact [they] verify their address." (Id., ECF p. 160.) The parties stipulated that the letters were addressed to Ms. Gonzalez but the contents of the letters were meant for someone else who used the nickname "Black". (Id., ECF p. 157, pp. 160 - 162, pp. 266 - 67.) Based on the return address of many of the envelopes, it was clear that many of the letters came from individuals incarcerated at various state correctional facilities. (Id.) At trial Mr. Jenkins' attorney objected to the admission of letters that were sent by Mr. Jenkins, a/k/a Roy Jeeter, while he was incarcerated. (Id., ECF p. 244). The court agreed with counsel that the introduction of such testimony would prejudice Mr. Jenkins. (Id., ECF p. 344.) Additionally, while the jury did hear testimony that many of the letters came from individuals in prison, the parties agreed that the letters themselves, including their envelopes, would not be accessible to the jury during their deliberations. (Id., ECF pp. 344 - 45.)
A loaded .45 caliber semiautomatic handgun was found in the bottom of a cupboard in the kitchen. (Id., ECF p. 123.) Also found in the kitchen were two Western Union receipts for Robert Jenkins: one was for $200.00 sent to "a Johnson in Bronx, New York" and the other was for $400.00 sent to "Ms. Johnson". (Id., ECF p. 128.) A photo album was also taken from the apartment. (Id., ECF pp. 163 - 164, and p. 265.) Mr. Jenkins appears in some of the photos as do other unidentified individuals. (Id., ECF pp. 265 - 66.)
Money was also recovered from the scene. Approximately $150.00 in cash was found in the kitchen. (Id., ECF pp. 131-32.) An additional $100.00 was found in a vehicle that was left running in front of the residence that day. (Id., ECF pp. 132-33.) Additional monies were recovered from the occupants of the home. Carlos Morales had $777.00 in cash on his person when searched at the police station. The money was located in his right front pocket and the toes of his sneakers. (Id., ECF p. 133.) Officer Clarkson recovered $444.00 in cash from "Mr. Jenkins, or Jeeter, whichever one you want to call him." (Id.) The $444.00 was broken down in the following denomination: "19 twenty-dollar bills, 2 torn twenty-dollar bills, 4 five dollar bills, and 4 one-dollar bill." (Id.) Four different cell phones were also "taken off Mr. Jenkins." (Id., ECF p. 134.)
Ms. Gonzalez testified at trial that she received a deal in exchange for her testimony for the Commonwealth. (Id., ECF p. 272.) Several drug charges were dropped and she agreed to plead guilty to conspiracy to deliver cocaine. (Id., ECF pp. 272 - 73.)
Ms. Gonzalez testified that her name was on the lease for the second and third floor apartment at 315 North Penn Street house. Her rent was $550.00 per month. (Id., ECF p. p. 257.) She stated that she earned approximately $200.00 per week babysitting for Melissa Parker and a friend named Rosa. (Id., ECF p. 219, pp. 270 - 271.) Police contacted Ms. Parker to verify Ms. Gonzalez's story and her source of income. Detective Shaffer concluded that Ms. Gonzalez's statements as to her income were inconsistent with what Ms. Parker related. (Id., ECF pp. 119 - 120.)
Ms. Gonzalez also testified that on March 19, 2005, Robert...
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