McKeller v. Warden
Decision Date | 14 September 2020 |
Docket Number | No. 1:19-cv-02112-JPH-MJD,1:19-cv-02112-JPH-MJD |
Parties | CALVIN MCKELLER, Petitioner, v. WARDEN, Respondent. |
Court | U.S. District Court — Southern District of Indiana |
Petitioner Calvin McKeller was convicted of robbery in an Indiana state court. He now seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254, raising the following two grounds for relief: 1) that his trial counsel provided ineffective assistance of counsel when he failed to object to a faulty accomplice liability jury instruction, and 2) that his admission that he was a habitual offender was not made voluntarily, knowingly, or intelligently. For the following reasons explained below, Mr. McKeller's petition for a writ of habeas corpus is denied and a certificate of appealability will not issue.
Federal habeas review requires the Court to "presume that the state court's factual determinations are correct unless the petitioner rebuts the presumption by clear and convincing evidence." Perez-Gonzalez v. Lashbrook, 904 F.3d 557, 562 (7th Cir. 2018); see 28 U.S.C. § 2254(e)(1). On direct appeal, the Indiana Court of Appeals summarized the relevant facts and procedural history as follows:
McKeller v. State, 2013 WL 3325153, 990 N.E.2d 68, *1 (Ind. Ct. App. 2013) (McKeller I).
The Indiana Court of Appeals affirmed Mr. McKeller's conviction and the Indiana Supreme Court denied his petition to transfer. Id.; dkt. 7-2.
Mr. McKeller filed a petition for post-conviction relief, which was denied after an evidentiary hearing. Dkt. 7-10. Mr. McKeller appealed, raising two issues. First, he argued that he had received ineffective assistance from his trial counsel for not objecting to a jury instruction on accomplice liability. Second, he argued that his admission to the habitual offender enhancement was invalid because he was not properly advised. McKeller v. State, 2018 WL 4403562, 111 N.E.3d 260 (Ind. Ct. App. 2018) (McKeller II). The Indiana Court of Appeals affirmed the post-conviction court and the Indiana Supreme Court denied Mr. McKeller's petition to transfer. Id.; dkt. 7-11.
Mr. McKeller filed the instant petition for a writ of habeas corpus on May 28, 2019, raising the same two issues he raised on appeal during state post-conviction proceedings. Dkt. 1. The respondent filed a return to the order to show cause. Dkt. 7. Mr. McKeller did not file a reply and the time to do so has passed.
A federal court may grant habeas relief only if the petitioner demonstrates that he is in custody "in violation of the Constitution or laws . . . of the United States." 28 U.S.C. § 2254(a). The Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") directs how the Court must consider petitions for habeas relief under § 2254. "In considering habeas corpus petitions challenging state court convictions, [the Court's] review is governed (and greatly limited) by AEDPA." Dassey v. Dittmann, 877 F.3d 297, 301 (7th Cir. 2017) (en banc) (citation and quotation marks omitted). "The standards in 28 U.S.C. § 2254(d) were designed to prevent federal habeas retrials and to ensure that state-court convictions are given effect to the extent possible under law." Id. (citation and quotation marks omitted).
A federal habeas court cannot grant relief on a claim that the state court adjudicated on the merits unless the state court's adjudication:
28 U.S.C. § 2254(d).
"The decision federal courts look to is the last reasoned state-court decision to decide the merits of the case, even if the state's supreme court then denied discretionary review." Dassey, 877F.3d at 302. "Deciding whether a state court's decision 'involved' an unreasonable application of federal law or 'was based on' an unreasonable determination of fact requires the federal habeas court to train its attention on the particular reasons—both legal and factual—why state courts rejected a state prisoner's federal claims, and to give appropriate deference to that decision[.]" Wilson v. Sellers, 138 S. Ct. 1188, 1191-92 (2018) (citation and quotation marks omitted). "This is a straightforward inquiry when the last state court to decide a prisoner's federal claim explains its decision on the merits in a reasoned opinion." Id. "In that case, a federal habeas court simply reviews the specific reasons given by the state court and defers to those reasons if they are reasonable." Id.
"For purposes of § 2254(d)(1), an unreasonable application of federal law is different from an incorrect application of federal law." Harrington v. Richter, 562 U.S. 86, 101 (2011). "A state court's determination that a claim lacks merit precludes federal habeas relief so long as fairminded jurists could disagree on the correctness of the state court's decision." Id. "If this standard is difficult to meet, that is because it was meant to be." Id. at 102. Dassey, 877 F.3d at 302. "Put another way, [the Court] ask[s] whether the state court decision 'was so lacking in justification that there was an error well understood and comprehended in existing law beyond any possibility for fairminded disagreement.'" Id. (quoting Richter, 562 U.S. at 103). Schmidt v. Foster, 911 F.3d 469, 477 (7th Cir. 2018) (en banc) (citation and quotation marks omitted).
Mr. McKeller raises two grounds for relief: 1) his trial counsel provided ineffective assistance of counsel when he failed to object to a faulty accomplice liability jury instruction, and 2) his admission that he was a habitual offender was not made voluntarily, knowingly, or intelligently.
Mr. McKeller argues that he was denied effective assistance of trial counsel when counsel failed to object to an accomplice liability instruction that included the language: "To be guilty, he does not have to personally participate in the crime nor does he have to be present when the crime is committed." Dkt. 1 at 3.
A criminal defendant has a right under the Sixth Amendment to effective assistance of counsel. See Strickland v. Washington, 466 U.S. 668, 687 (1984). For a petitioner to establish that "counsel's assistance was so defective as to require reversal," he must make two showings: (1) that counsel rendered deficient performance that (2) prejudiced the petitioner. Id. "This inquiry into a lawyer's performance and its effects turns on the facts of the particular case, which must be viewed as of the time of counsel's conduct." Laux v. Zatecky, 890 F.3d 666, 673-74 (7th Cir. 2018) (citation and quotation marks omitted). "As for the performance prong, because it is all too easy to conclude that a particular act or omission of counsel was unreasonable in the harsh light of hindsight, Strickland directs courts to adopt a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance." Id. at 674 (citation and quotation marks omitted). "The prejudice prong requires the defendant or petitioner to 'show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.'" Laux, 890 F.3d at 674 (quoting Strickland, 466 U.S. at 694).
The Indiana Court of Appeals correctly...
To continue reading
Request your trial