Riley v. Cartledge
Decision Date | 16 January 2015 |
Docket Number | C/A No. 8:14-cv-01655-RMG-JDA |
Court | U.S. District Court — District of South Carolina |
Parties | Jason O. Riley, a/k/a Jason Orlando Riley, Petitioner, v. Leroy Cartledge, Respondent. |
This matter is before the Court on Respondent's motion for summary judgment. [Doc. 20.] Petitioner, proceeding pro se, is a state prisoner who seeks relief under 28 U.S.C. § 2254. Pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B), and Local Civil Rule 73.02(B)(2)(c), D.S.C., this magistrate judge is authorized to review post-trial petitions for relief and submit findings and recommendations to the District Court.
Petitioner filed this Petition for writ of habeas corpus on April 22, 2014.1 [Doc. 1.] On August 13, 2014, Respondent filed a motion for summary judgment and a return and memorandum to the Petition. [Docs. 19, 20.] On August 19, 2014, the Court filed an Order pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), advising Petitioner of the summary judgment procedure and of the possible consequences if he failed to adequatelyrespond to the motion. [Doc. 21.] On September 4, 2014, Petitioner filed a response in opposition2 [Doc. 25], and he filed an additional response in opposition on September 18, 2014 [Doc. 30].
Having carefully considered the parties' submissions and the record in this case, the Court recommends Respondent's motion for summary judgment be granted and the Petition be denied.
Petitioner is presently confined in the South Carolina Department of Corrections at McCormick Correctional Institution pursuant to orders of commitment of the Richland County Clerk of Court. [Doc. 1 at 1.] In December 2004, Petitioner was indicted for murder and armed robbery. [App. 945-50.3] On September 20, 2005, represented by Mary P. Miles ("Miles"), Petitioner proceeded to trial. [App. 1-789] On September 23, 2005, the jury returned a verdict of guilty on both charges. [App. 784-85.] Petitioner was sentenced to life imprisonment on the murder charge and 30 years imprisonment on the armed robbery charge. [App. 788.]
Petitioner appealed his conviction but subsequently withdrew the appeal. [Doc. 191.] On March 20, 2007, the South Carolina Court of Appeals dismissed Petitioner's appeal and issued remittitur. [Doc. 19-2.]
Petitioner, proceeding pro se, filed an application for post-conviction relief ("PCR") on March 5, 2008. [App. 790-94.] Petitioner alleged he was being held in custody unlawfully based on the following grounds, quoted substantially verbatim:
[App. 791.] In support of his grounds for relief, Petitioner provided the following allegations, quoted substantially verbatim:
[App. 791.] The State filed a return on July 10, 2008. [App. 795-800.] Petitioner, through counsel Tommy A. Thomas ("Thomas"), amended his PCR application on November 19, 2010.4 [App. 804-05.] The amended PCR application raised the following allegations of ineffective assistance of counsel:
[App. 804.]
A hearing was held on December 7, 2010, and Petitioner was represented at the hearing by Thomas. [App. 806-927.] On February 11, 2011, the PCR court filed an order denying and dismissing the application with prejudice. [App. 928-40.] On February 25, 2011, Petitioner filed a motion to alter or amend the judgment [App. 941-42], which the PCR court denied on March 31, 20115 [App. 943-44]. A notice of appeal was timely filed and served.
On January 3, 2012, Susan B. Hackett ("Hackett") of the South Carolina Commission on Indigent Defense filed on Petitioner's behalf a Johnson petition6 for writ of certiorari in the Supreme Court of South Carolina. [Doc. 19-3.] The petition asserted the following as the sole issue presented:
Did appellate counsel provide ineffective assistance by failing to appeal the trial judge's erroneous ruling that the prosecutor had not violated the Rules of Criminal Procedure by failing to disclose cell phone tower logs prior to the start of trial where the uncontested evidence established that the prosecution intended to use the evidence in its case-in-chief?
[Id. at 3.] At the same time she filed the Johnson petition, Hackett submitted a petition to be relieved as counsel. [Id. at 12.] Petitioner filed a pro se petition raising the following issues, quoted substantially verbatim:
[Doc. 19-4 at 5-6.] The court denied the petition and granted counsel's request to withdraw on April 9, 2014 [Doc. 19-5] and remitted the matter to the lower court on April 25, 2014 [Doc. 19-6].
Petitioner, proceeding pro se, filed a second PCR application on April 12, 2011. [Doc. 19-13.] Petitioner alleged he was being held in custody unlawfully based on the following grounds, quoted substantially verbatim:
[Id. at 3.] In support of his ground for relief, Petitioner provided the following allegation, quoted substantially verbatim:
[Id.] Petitioner asserted that each of these claims were presented at the December 7, 2010, evidentiary hearing and were addressed in the PCR dismissal order; however, no specific findings of fact were expressed and a Rule 59(e) motion was filed and dismissed.
[Id. at 9.] As of the date Respondent filed its motion for summary judgment, the State had not yet made a return to the second PCR application.7 [See Doc. 19 at 8.]
Petitioner filed this Petition for writ of habeas corpus on April 22, 2014. [Doc. 1.] Petitioner raises the following grounds for relief, quoted substantially verbatim, in his Petition pursuant to 28 U.S.C. § 2254:
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