Pittman v. Holloway, Case. No. 1:13-cv-01019-JDB-egb
Decision Date | 31 March 2016 |
Docket Number | Case. No. 1:13-cv-01019-JDB-egb |
Parties | LARRY PITTMAN, Petitioner, v. JAMES HOLLOWAY, Respondent. |
Court | U.S. District Court — Western District of Tennessee |
Before the Court is the Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody ("§ 2254 Petition") filed by pro se Petitioner Larry Pittman, Tennessee Department of Correction number 103695, an inmate at the West Tennessee State Prison ("WTSP") in Henning, Tennessee. (§ 2254 Pet., Pittman v. Lester1 No. 2:12-cv-02931-STA-tmp (W.D. Tenn.), ECF No. 1.) For the reasons stated below, the Court DENIES the § 2254 Petition.
On February 27, 2006, a grand jury in Madison County, Tennessee, returned a three-count indictment against Pittman and Joshua Irvin. (Indictment, State v. Pittman, No. 06-161 (MadisonCnty. Cir. Ct.), Page ID 83, ECF No. 9-1.) Count 1 charged Pittman and Irvin with aggravated robbery, in violation of Tennessee Code Annotated ("T.C.A.") § 39-13-402. Count 2 alleged Pittman and Irvin conspired to commit aggravated robbery, in violation of T.C.A. § 39-12-103. Count 3 charged Pittman with especially aggravated kidnapping, in violation of T.C.A. § 36-13-305. The events at issue occurred on or about November 27, 2005.
On April 11, 2006, the State filed a notice seeking an enhancement punishment for Pittman, citing the following previous convictions:
(Not. of Request for Enhanced Punishment, id., Page ID 91, ECF No. 9-1.)
On May 2, 2006, Pittman, through his counsel, Joseph Howell, filed a Motion to Suppress, arguing that the "all statements, objects, and evidence seized and/or obtained by the State during and following the warrantless arrest of his person" should be suppressed, as violating the Fourth Amendment of the United States Constitution and Article I, Section 7 of the Tennessee Constitution. (Mot. to Suppress, id., Page ID 94-99, ECF No. 9-1.) After a hearing held on June6, 2006, the trial court entered an order denying the motion on June 16, 2006. (Order Denying Mot. to Suppress, id., Page ID 103-104, ECF No. 9-1.)
On August 9, 2006, the State filed a second notice requesting an enhanced punishment for Petitioner, citing the following incidents as reasons for the enhancement:
(Second Not. of Request for Enhanced Punishment, id., Page ID 107, ECF No. 9-1.)
On September 11, 2006, a Consent Order to Withdraw and Substitute Counsel was entered and Benjamin C. Mayo was retained as counsel for Pittman. (Consent Order to Withdraw and Sub. Counsel, id., Page ID 108, ECF No. 9-1.) On October 4, 2006, Petitioner, through his new counsel, filed a Motion for Continuance of Trial, arguing that new exculpatory evidence had been discovered and needed to be examined before trial. (Mot. for Continuance for Trial, id., Page ID 112-113, ECF No. 9-1.) A jury trial on the charges against Pittman commenced in the Circuit Court of Madison County on October 4, 2006. Before jury selection, the trial judge conducted a hearing on the motion for continuance, and at its conclusion, denied the motion. (Trial Tr., id., Page ID 183-85, ECF No. 9-2). On October 5, 2006, the jury returned a guilty verdict on all three counts. (Trial Tr., id., Page ID 744-45, ECF No. 9-5.)
On October 10, 2006, the State filed a motion for consecutive sentencing, requesting that Counts 1-3 be served consecutive to each other and also consecutive to the sentence Pittman was currently serving (Mot. for Consecutive Sentencing, id., Page ID 114, ECF No. 9-1); a motion toapply enhancement factors2 (Mot. to Apply Enhancement Factors, id., Page ID 115, ECF No. 9-1); and a motion to deem Pittman a "dangerous offender" (Mot. to Deem Def. "Dangerous Offender," id., Page ID 116, ECF No. 9-1). On November 1, 2006, Pittman filed a Notice of Mitigating factors, arguing that his conduct did not cause or threaten serious bodily injury. (Not. of Mitigating Factors, id., Page ID 140, ECF No. 9-1.) At a sentencing hearing on November 11, 2006, the trial judge sentenced Pittman to nineteen years for aggravated robbery, nine years for conspiracy to commit aggravated robbery, and thirty-eight years for especially aggravated kidnapping; all to be served consecutively. (Sentencing Hr'g Tr., id., Page ID 1116-26, ECF No. 9-10.) Judgment was entered on November 15, 2006. (J., id., Page ID 141-43, ECF No. 9-1.)
On December 18, 2006, Pittman filed a motion for judgment of acquittal or for a new trial. (Mot. for J. of Acquittal or New Trial, id., Page ID 144, ECF No. 9-1.) A hearing was held on January 31, 2007, and at its conclusion, the judge overruled the motion. (Mot. for New Trial Hr'gTr., id., Page ID 1155, ECF No. 9-11; Order Denying Mot. for J. of Acquittal or New Trial, id., Page ID 150, ECF No. 9-1.) Pittman filed a notice of direct appeal to the Tennessee Court of Appeals ("TCCA") on March 7, 2007. (Not. of Appeal, id., Page ID 152, ECF No. 9-1.) On November 27, 2007, Pittman filed his brief to the TCCA, arguing the following:
(Br. on Appeal of Right, id., Page ID 1178-97, ECF No. 9-12.) The TCCA affirmed Pittman's convictions. State v. Pittman, No. W2007-00589-CCA-R3-CD, 2009 WL 1025870 (Tenn. Crim. App. Apr. 7, 2009), appeal denied (Tenn. Nov. 12, 2010).
In upholding the convictions, the TCCA summarized the evidence as follows:
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