Mahaffey v. Stevenson
Decision Date | 21 March 2016 |
Docket Number | C/A No. 5:15-02727-MGL-KDW |
Court | U.S. District Court — District of South Carolina |
Parties | Johnny Earl Mahaffey, #323863, Petitioner, v. Warden Robert Stevenson, Respondent. |
Petitioner Johnny Earl Mahaffey ("Petitioner") is a state prisoner who filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter is before the court pursuant to 28 U.S.C. § 636(b)(1)(B), and Local Civil Rule 73.02(B)(2)(c) DSC, for a Report and Recommendation on Respondent's Return and Motion for Summary Judgment. ECF Nos. 23, 24. On November 4, 2015, pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the court advised Petitioner of the Summary Judgment Motion, dismissal procedures, and the possible consequences if he failed to respond adequately to Respondent's Motion. ECF No. 25. On December 14, 2015, Petitioner filed a Response in Opposition to Respondent's Motion for Summary Judgment. ECF No. 36. The same day he filed his Response Petitioner filed a Motion to Amend his Petition. ECF No. 37. Respondent filed a Response to Petitioner's Motion to Amend on January 4, 2016, ECF No. 38, and Petitioner filed no Reply to the Response. These matters are now ripe for review. Having carefully considered the parties' submissions and the record in this case, the undersigned recommends that Respondent's Motion for Summary Judgment, ECF No. 24, be granted. Additionally, Petitioner's Motion to Amend, ECF No. 37, is granted, and within this Report and Recommendation, the undersigned will address all issues Petitioner raised in his Motion to Amend.
Petitioner is currently incarcerated in the South Carolina Department of Corrections ("SCDC"). ECF No. 1 at 1. In 2006, Petitioner was indicted at the November term of the Anderson County Grand Jury for murder (2006-GS-04-3508) and possession of a firearm during the commission of a violent crime (2006-GS-04-3508). App. 713-716.1 Petitioner proceeded to trial on September 4, 2007, and Public Defender Robert A. Gamble represented Petitioner, and Assistant Solicitor Rame Campbell represented the State. App. 1. Petitioner was tried before the Honorable J.C. Nicholson. Id. At conclusion of his trial, the jury found Petitioner guilty of the two charges. App. 695-96. Judge Nicholson sentenced Petitioner to life-imprisonment for the murder charge and five-years imprisonment for the possession charge. App. 710. Judge Nicholson ordered the possessions conviction run consecutive to the life imprisonment. App. 710.
Chief Appellate Defender Robert M. Dudek represented Petitioner on direct appeal. ECF No. 23-4. In an Anders' appellate brief,2 Petitioner raised the following issue:
Whether the court abused its discretion by refusing to declare a mistrial where it was undisputed a spectator held up a photograph of the decedent for the jury to view during closing argument and/or the judge's charge on the law since this was an impermissible plea for a verdict based on sympathy or passion and not based on the evidence, and it denied appellant his right to a fair trial?
Id. at 4. On February 2, 2010, the South Carolina Court of Appeals denied Attorney Dudek's request to be relieved as counsel and instructed the parties to brief the following issues:
ECF No. 23-5. On May 5, 2010, Attorney Dudek filed an appellate brief as instructed, ECF No. 23-6, and on August 5, 2010, the State filed a Response Brief, ECF No. 23-7. On November 7, 2011, the South Carolina Court of Appeals affirmed Petitioner convictions in an unpublished opinion. ECF No. 23-8. On December 2, 2011, the South Carolina Court of Appeals issued a Remittitur. ECF No. 23-9.
Petitioner filed an application for Post-Conviction Relief ("PCR") on April 20, 2012 (2012-CP-04-01524). App. 717-29. Petitioner asserted the following allegations, recited verbatim, regarding his claims:
App. 719. Additionally, Petitioner indicated the following facts supported his PCR claims:
App. 720. Assistant Attorney General Kaelon E. May filed a Return on behalf of the State. App. 730-34. A PCR hearing convened on September 18, 2013, before the Honorable R. Lawton McIntosh. App. 736-89. Petitioner was present and represented by Hugh Welborn, Esq., and John W. Whitmire, Esq., appeared on behalf of the State. Id. In an Order filed December 3, 2013, the PCR court denied Petitioner's PCR Application in full, making the following findings of fact and conclusions of law:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
This Court has reviewed the testimony presented at the evidentiary hearing, observed the witnesses presented at the hearing, passed upon their credibility, and weighed the testimony accordingly. Further, this Court reviewed the Clerk of Court's records regarding the subject convictions, the Applicant's records from the South Carolina Department of Corrections, the application for post-conviction relief, the transcripts and exhibits from the prior proceedings, and, and legal arguments of counsel. Pursuant to S.C. Code Ann. §17-27-80 (2003), this Court makes the following findings of fact based upon all of the probative evidence presented.
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