Mason v. Martin
Decision Date | 19 March 2019 |
Docket Number | Case No. 15-CV-0644-JED-PJC |
Parties | KIM LYNN MASON, Petitioner, v. JIMMY MARTIN, Respondent. |
Court | U.S. District Court — Northern District of Oklahoma |
Before the Court is the 28 U.S.C. § 2254 petition for writ of habeas corpus (Doc. 1) filed by Petitioner Kim Lynn Mason, a state prisoner appearing pro se.2 Respondent filed a response (Doc. 9) in opposition to the petition and provided the state court records (Docs. 9, 10) necessary to adjudicate Petitioner's claims. Petitioner filed a reply (Doc. 14). For the reasons discussed below, the Court denies the habeas petition.3
BACKGROUND
Following an arrest and eventful booking process in February 2007, the State charged Petitioner, in the District Court of Craig County, Case No. CF-2007-33, with bringing a controlled substance into a penal institution, in violation of OKLA. STAT. tit. 57, § 21 (2001), after former conviction of two or more felonies (Count 1); assault and battery on a peace officer, in violation of OKLA. STAT. tit. 21, § 649(B) (2001), after former conviction of two or more felonies (Count 2); and attempting to destroy evidence, in violation of OKLA. STAT. tit. 21, § 42 (2001) (Count 3). Doc. 10-5, Orig. Rec. vol. 1, at 152-55.4 On the second page of the amended information, the State alleged that Petitioner had eight prior felony convictions.5 Id. at 154.
Petitioner's case proceeded to a jury trial in June 2009.6 See Doc. 10-2, Tr. Trial vol. 1, at 1. The following facts were developed at trial. On February 6, 2007, Jeff Prack, a patrol officer with the City of Vinita Police Department, arrested Petitioner and transported him to the Craig County Jail. Doc. 10-2, Tr. Trial vol. 1, at 130-32. As OfficerPrack prepared to leave the jail, he heard a "scuffle break out in the bathroom." Id. at 132-33. Jailer Marvin Asche had taken Petitioner into the bathroom so Petitioner could change into jail-issued clothing. Id. at 132-33, 145, 148. According to Asche, the scuffle ensued after a "package" consisting of "white paper wrapped in [red] tape" fell out of Petitioner's shoe. Id. at 148-49. Asche called out for a second jailer and told Petitioner to back away from the package. Id. at 149, 151. Petitioner did not comply. Id. at 149. Instead, he grabbed the package and threw it into the nearby toilet. Id. As Petitioner dropped the package into the water, Asche grabbed Petitioner's left hand. Id. Petitioner "turned around and punched" Asche in the chest. Id. at 149-50. Petitioner then tried, but failed, to flush the package.7 Id. Asche yanked Petitioner away from the toilet and subdued him on the ground. Id. at 150.
When Officer Prack entered the bathroom, he saw that Asche had Petitioner "in a controlled position on the floor." Doc. 10-2, Tr. Trial vol. 1, at 134-35. Asche told Prack that Petitioner attempted to flush contraband down the toilet. Id. at 135. Prack heard the toilet "still running" and saw the "package floating." Id. at 134-35. Asche retrieved the package and placed it into a drawer of a desk in the booking area. Id. at 152-53. After he secured Petitioner in a jail cell, Asche opened the package and saw "a green leafy substance" and "a couple of baggies" containing "a whiteish color" powder. Id. at 154. Asche contacted Craig County Sheriff's Deputy Merle Clack to field test the substances.Id. at 154; Doc. 10-3, Tr. Trial vol. 2, at 5-7.
Upon his arrival at the Craig County Jail, Deputy Clack took Asche's statement about the incident and spoke with Officer Prack about Petitioner's arrest. Doc. 10-3, Tr. Trial vol. 2, at 7-9. Clack then field tested the substances from the package Petitioner attempted to flush. Id. at 9-10. The white powder tested positive for methamphetamine. Id. at 10-12. Both substances were sent to the Oklahoma State Bureau of Investigation (OSBI) for further testing. Id. at 13-14. Jason McGinnis, a criminalist with the OSBI's drug identification unit, received three items for testing which he described as "one bag with a green leafy substance and two bags containing a residue." Id. at 31, 41. McGinnis performed a series of tests and determined the green leafy substance was marijuana and the residue was methamphetamine. Id. at 41-47, 49, 61.
The jury found Petitioner guilty as charged and recommended a 30-year prison sentence as to Count 1, a 40-year prison sentence as to Count 2, and a six-month jail sentence and fine as to Count 3. Doc. 10-3, Tr. Trial vol. 2, at 148-49; Doc. 10-7, Orig. Rec. vol. 3, at 12-14, 22-24. The trial court sentenced Petitioner accordingly and ordered the sentences to be served consecutively. Doc. 10-4, Tr. Sent., at 3-4, 6.
Represented by counsel, Petitioner filed a direct appeal with the Oklahoma Court of Criminal Appeals (OCCA), raising five propositions of error:
Doc. 9-3, Mason v. State, No. F-2009-604 (Okla. Crim. App. 2010) (unpublished) (hereafter, "OCCA Op."), at 1-2. By unpublished summary opinion filed December 13, 2010, the OCCA affirmed Petitioner's convictions and sentences. Id. at 1, 2, 5.
On November 2, 2011, Petitioner, appearing pro se, filed an application for post-conviction relief in state district court alleging:
Id. at 1. As to the first proposition, the state district court concluded that Asche's status as a jailer at the Craig County Jail brought him within the class of individuals identified in the charging statute, OKLA. STAT. tit. 21, § 649(B), regardless of whether Asche was a "peace officer" as defined in OKLA. STAT. tit. 21, § 648. Id. at 1-2. As a result, and without directly addressing Petitioner's related allegations of jury-instruction error and ineffective assistance of appellate counsel, the court denied relief. Id. The court dismissed the secondproposition "as having been previously decided by the Oklahoma Court of Criminal Appeals." Id. at 2.
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