Jones v. McKinney, No. C02-2032-MWB (N.D. Iowa 4/9/2003)
| Decision Date | 09 April 2003 |
| Docket Number | No. C02-2032-MWB.,C02-2032-MWB. |
| Parties | BRIAN L. JONES, Petitioner, v. JAMES McKINNEY, WARDEN, NORTH CENTRAL CORRECTIONAL FACILITY, Respondent. |
| Court | U.S. District Court — Northern District of Iowa |
This matter is before the court on the Renewed Motion to Dismiss (Doc. No. 30) filed by the respondent James McKinney ("McKinney") on December 3, 2002. The petitioner Brian L. Jones ("Jones") commenced this action by filing a petition for writ of habeas corpus on May 6, 2002. In Jones's original petition, he listed the State of Iowa as respondent. In response to the court's Initial Review Order, Jones filed an amended petition on June 6, 2002, correctly naming McKinney as the correct respondent.
On July 12, 2002, McKinney filed an answer to the petition (Doc. No. 10), and a motion to dismiss the amended petition with a supporting brief. (Doc. Nos. 11 & 12) With leave of court, Jones filed a second amended and substituted petition on November 19, 2002 (Doc. No. 27). On December 3, 2003, McKinney filed an answer to the second amended petition (Doc. No. 29), and a renewed motion to dismiss, incorporating his prior brief by reference. (Doc. No. 30) Jones, through his appointed counsel, filed a resistance and supporting brief on February 3, 2003 (Doc. Nos. 35 & 36) Jones also filed a pro se resistance, on February 28, 2003. (Doc. No. 38) McKinney filed a reply brief in support of his motion on February 10, 2003. (Doc. No. 37)
On July 30, 2002, Chief Judge Mark W. Bennett referred this matter to the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B), for the filing of a report and recommended disposition. The court finds McKinney's motion has been fully submitted, and turns to consideration of the motion.
On December 12, 1996, Jones was charged, in two criminal complaints filed in Black Hawk County, Iowa, with one count of Robbery in the First Degree, one count of Robbery in the Second Degree, and possession of marijuana. The robbery charges arose from robberies of two motels in Waterloo, Iowa, on December 8 and 10, 1996. Significant evidence linked Jones to the robberies, including both physical evidence and identification of Jones from photo lineups by two witnesses. Jones also was caught on videotape during the second robbery.
Jones had an initial appearance on December 12, 1996, at which time bail was set, the Public Defender was appointed to represent Jones, and a preliminary hearing was scheduled for December 19, 1996. At the preliminary hearing, the court found sufficient evidence existed to bind Jones over for trial, and a three-count Trial Information was filed containing the two robbery charges and possession charge. Jones appeared for arraignment on December 30, 1996, and entered pleas of not guilty to each of the three charges. He requested a speedy trial, and trial was scheduled for February 18, 1997, with a pretrial conference scheduled for February 14, 1997. At the pretrial conference, Jones requested a continuance to allow him time to file motions to suppress. The court granted the continuance; set a deadline of February 17, 1997, for the filing of motions to suppress; and continued the trial to March 4, 1997.
Jones's trial counsel, Public Defender Nathan Callahan, filed timely motions to suppress evidence on February 17, 1997. In the first motion, Jones sought to suppress statements he had made to police after his arrest, and in the second motion, he sought to suppress the witnesses' identifications of him. The motions were scheduled for hearing on February 28, 1997. When the hearing commenced, the court determined attorney Callahan had a conflict of interest. Callahan was withdrawn, attorney David Mason was appointed to represent Jones, and the pretrial conference and trial were continued to March 14 and 17, 1997, respectively. The court also continued the hearing on the pending motions, noting a new date would be scheduled promptly if Jones's new counsel elected to pursue those motions.
Jones's suppression hearing was rescheduled and then continued several times, eventually to July 7, 1997. Jones's counsel took depositions of five witnesses prior to the scheduled hearing date. Included among the deponents were the two witnesses who had picked Jones out of the photo lineups.
When the suppression motions came on for hearing on July 7th, Jones's counsel announced that Jones had entered into a plea agreement with the State, and Jones wished to enter guilty pleas to the three charges. The following colloquy occurred between Mason and the court:
The defendant understands that as a part of the plea agreement it is the State's contention [sic] not to pursue Robbery in the First Degree on Count I, that the sentences on Count I and II, which will be 10 years each, will run consecutive.
Mr. Jones is also aware of the 85 percent requirements which means that he will have to serve at least 85 percent of the sentence in order to be considered for parole. The other 15 percent apparently is made up by good time days in the institution.
(Transcript of Proceedings dated July 7, 1997, in State v. Jones, Case No. FECR068527, District Court in and for Black Hawk County, Iowa ("Tr.") at 2-3)
The court asked, "Mr. Jones, is this your understanding of the agreement?" and Jones answered, "Yes, it is." (Tr. at 3) Jones acknowledged his awareness of the 85 percent requirement, and the agreement that he would serve consecutive sentences. (Tr. at 3-4) A few moments later, the court once again confirmed Jones's understanding of the 85 percent requirement and his agreement to serve consecutive sentences. (Id.)
The court asked Jones if he fully understood what he was charged with in each count, and Jones replied, "Yes, I do." (Id.) The court inquired of counsel if he had gone over the elements of each of the offenses with Jones, as well as the State's burden to prove those elements beyond a reasonable doubt at trial. Counsel responded in the affirmative. The court then asked Jones, "[D]o you feel you understand the elements of these offenses and specifically that means those things that the State would have to prove if the matter proceeded to trial?" Jones responded, "Yeah." (Tr. at 5)
Jones acknowledged his understanding that if he entered a guilty plea, there would not be a trial. The court went through Jones's right to a trial by jury, the presumption of innocence and the State's burden to prove his guilt; his right to confront and cross-examine witnesses, to call witnesses on his behalf, and to testify if he so desired; and his protection against self-incrimination. Jones indicated he understood all of his trial rights, and he further understood that by pleading guilty, there would not be a trial and he would be giving up each of those rights. (Tr. at 5-6)
The court granted the State's motion to amend Count I down to Robbery Second, and confirmed again that Jones understood he was agreeing to serve the maximum penalty on both Count I, as amended, and Count II. The court then, for a third time, asked Jones if he understood the two sentences would be consecutive, and he would have to serve 85 percent of his sentence. Jones responded, "Yes, I do." (Tr. at 6-7) Jones then pled guilty to Count III, possession of a controlled substance, and indicated he was pleading of his own free will, and not under threat or promise. (Tr. at 7)
The following colloquy then took place:
The court explained to...
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