Quintero v. Carpenter, 3:09-cv-00106
Decision Date | 12 December 2014 |
Docket Number | No. 3:09-cv-00106,3:09-cv-00106 |
Parties | DERRICK QUINTERO, Petitioner, v. WAYNE CARPENTER, Warden, Respondent. |
Court | U.S. District Court — Middle District of Tennessee |
Petitioner Derrick Quintero, a prisoner in state custody who is currently incarcerated on death row at Riverbend Maximum Security Institution, has filed a petition under 28 U.S.C. § 2254 for the writ of habeas corpus. (Docket Entry No. 16.) Presently pending are Respondent's Motion for Summary Judgment (Docket Entry No. 98), and Petitioner's Motion for Partial Summary Judgment and for Evidentiary Hearing (Docket Entry No. 104) and Supplemental Motion for Evidentiary Hearing (Docket Entry No. 109). In compliance with the Court's Order of April 17, 2014 (Docket Entry No. 135), the parties have submitted revised summary judgment briefs in order to account for the impact on Petitioner's claims of the Sixth Circuit's intervening decision in Sutton v. Carpenter, 745 F.3d 787 (6th Cir. 2014). (Docket Entry Nos. 152, 153). The motions have been fully briefed and are ripe for decision. For the reasons set forth below, Petitioner's Amended Motion for Partial Summary Judgment and for Evidentiary hearing (Docket Entry No. 153) will be GRANTED with respect to his request for an evidentiary hearing to demonstrate Martinez cause and develop the merits of the unexhausted portion of Claim 15 of his petition and will be DENIED in all other respects. Respondent's Motion for Summary Judgment (Docket Entry No. 98) will be GRANTED with respect to Claims 3, 7, 10-14, 15 (in part), 18-20 and 27-29; and Petitioner's Claims 1, 2, 4-6, 8, 9, 16, 17, and 21-26 are found to be without merit and will be DISMISSED.
Petitioner was convicted on November 30, 1991, in Humphreys County, Tennessee of two counts of first-degree murder during the perpetration of first-degree burglary, for which he received one life sentence and one death sentence. (Docket Entry No. 32-3, at 230-31, 274-76.) He was also convictedof three counts of grand larceny, one count of petit larceny and three counts of first degree burglary. (Id. at 277-83.)1 His co-defendant, William Hall, was also convicted and sentenced to death at the same trial.2 For their convictions of larceny and burglary, Petitioner and Hall were both sentenced to eighty years of incarceration, which sentences were ordered to run consecutively to the life sentences imposed for their conviction of the first degree murder of Buford Vester. Petitioner's conviction and sentence were affirmed on direct appeal. State v. Hall, No. 01C01-9311-CC-00409, 1997 WL 92080 (, )aff'd, 976 S.W.2d 121 (Tenn. 1998), app. for rehr'g denied (Oct. 19, 1998). The United States Supreme Court denied certiorari in April 1999. Quintero v. State, 526 U.S. 1089 (1999).
Petitioner filed a petition for post-conviction relief and petition for writ of error coram nobis on May 18, 1999. (Docket Entry No. 34-9, at 6.) The petition was denied, and the denial was affirmed by the Tennessee Court of Criminal Appeals. Quintero v. State, No. M2005-02959-CCA-R3-PD, 2008 WL 2649637 (Tenn. Ct. Crim. App. July 7, 2008). The Tennessee Supreme Court denied review on December 8, 2008, and the United States Supreme Court denied certiorari on October 5, 2009. Quintero v. Tennessee, 558 U.S. 835 (2009).
Petitioner filed the current petition under 28 U.S.C. § 2254 in this Court on November 12, 2009, after entering an appearance and being granted leave to proceed in forma pauperis for the purpose of filing a habeas petition in January 2009. There is no dispute that the petition is timely. Respondent filed an answer to the petition along with a copy of the underlying record, and the parties thereafter filed their respective motions for summary judgment and the supplemental briefing requested by the Court. The Court has permitted Petitioner to conduct limited discovery under Rule 6(a) of the Rules Governing § 2254 Cases.
The Tennessee Supreme Court summarized the facts introduced at trial as follows:
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