Quintana v. Mulheron
Decision Date | 18 March 2019 |
Docket Number | Civ. No. 18-469 KG/GJF |
Parties | GABRIEL G. QUINTANA, Petitioner, v. JAMES MULHERON, Warden, and HECTOR H. BALDERAS, Attorney General for the State of New Mexico Respondents. |
Court | U.S. District Court — District of New Mexico |
THIS MATTER comes before the Court1 on Petitioner Gabriel Quintana's pro se "Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254" ("Petition") [ECF No. 1], Respondents' Answer [ECF No. 16], and Petitioner's Response [ECF No. 18].2 Having reviewed the briefing and being fully advised, this Court recommends the Petition be DENIED for the reasons that follow.3
A New Mexico state court jury convicted Petitioner of first degree murder, attempt to commit a violent felony, second degree murder, aggravated battery against a household member, tampering with evidence, and violation of a protective order. On direct appeal, the New MexicoSupreme Court ("NMSC") affirmed,4 except for the aggravated battery conviction. The NMSC determined that that conviction constituted a predicate felony to the felony murder conviction in violation of the constitutional protections against double jeopardy. On remand, the state district court re-sentenced Petitioner to a term of life imprisonment plus six years, with an award of 781 days of pre-sentence confinement credit.
On November 19, 2009, Petitioner filed a pro se writ of habeas corpus in state court. Petitioner's appointed counsel subsequently filed an amended petition that included an affidavit from Cynthia Hill, in which she asserted that she and her co-counsel had provided ineffective assistance as Petitioner's trial counsel. The state habeas court ordered the State to file a response. The State failed to comply with the order for reasons not relevant to the instant Petition. Consequently, the state district court granted the writ of habeas corpus, vacated Petitioner's convictions, and ordered a new trial. Soon after, the State filed a motion to reconsider. At the hearing on the motion, the State introduced a competing affidavit by Damian Horne, Petitioner's other trial counsel, that contradicted the assertions made by Ms. Hill. The district court nonetheless denied the motion to reconsider. The State appealed.
The NMSC reversed the grant of habeas relief and remanded back to the district court with directions to permit the State to file a response and also to hold "an evidentiary hearing on the merits of Quintana's petition because of the factual issues created by the competing affidavits of Quintana's trial counsel." Quintana v. Bravo, 2013-NMSC-011, ¶ 33, 299 P.3d 414.5 The State'sresponse—supported by Mr. Horne's affidavit—denied the allegations in Petitioner's ineffective assistance claim. Petitioner then amended his habeas petition and the State again responded. Upon completion of the briefing, the parties deferred to the state habeas court to determine which claims would receive an evidentiary hearing.
The court held an evidentiary hearing to consider these claims:
From the Pro Se Petition, the following claims survived: Ground Three (regarding victims' family's involvement in drug dealing), Ground Six (that Petitioner wanted to take the stand in his own defense), and Ground Seven (regarding an anonymous letter purportedly identifying the actual perpetrator). From the Amended Petition, the following claims survived- that trial counsel was ineffective for: (1) failure to effectively impeach prosecution witnesses; (2) failure to investigate; (3) failure to retain expert witnesses; and (4) cumulative effect of counsel's errors.
Answer, Ex. TT at 2 (attach. 4, 80).6 On February 23, 2018, the district court denied habeas relief. Petitioner sought review by the NMSC on March 22, 2018, but the court denied review on March 30, 2018. On May 18, 2018, Petitioner then sought review in this Court by filing the instant Petition.
Pursuant to the Anti-Terrorism and Effective Death Penalty Act (AEDPA), the Court presumes the factual findings of the NMSC are correct. See 28 U.S.C. § 2254(e)(1); Schriro v. Landrigan, 550 U.S. 465, 473-74 (2007). The NMSC summarized the facts as follows:
State v. Quintana, No. 30,847, 2009 WL 6608347, at *1-2 (N.M. Oct. 19, 2009).
Petitioner advances three grounds for relief:
With respect to Grounds One and Two, Petitioner exhausted the available state court remedies. See Exs. L (attach. 2, 5-18), N (attach. 2, 21-77), UU (attach. 4, 90-107). Petitioner failed to exhaust Ground three, but Respondents have expressly waived the exhaustion requirement. See Answer 6; see also 28 U.S.C. § 2254(b)(3).8 Therefore, the Court will address all three grounds on the merits.
The "AEDPA requires that [courts] apply a difficult to meet and highly deferential standard in federal habeas proceedings under 28 U.S.C. § 2254; it is one that demands that state-court decisions be given the benefit of the doubt." Simpson v. Carpenter, 912 F.3d 542 (10th Cir. 2018)(quoting Cullen v. Pinholster, 563 U.S. 170, 181 (2011)) (internal quotation marks omitted). "[T]he standard of review applicable to a particular claim depends upon how that claim was resolved by state courts." Cole v. Trammel, 735 F.3d 1194, 1199 (10th Cir. 2013). When a petitioner includes in his habeas application a "claim that was adjudicated on the merits in state court proceedings," a federal court shall not grant relief on that claim unless the state court decision:
Simpson, 912 F.3d at 562 (quoting 28 U.S.C. § 2254(d)(1...
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