Stoddart v. Sec'y
Decision Date | 31 March 2017 |
Docket Number | Case No: 2:14-cv-182-FtM-29CM |
Parties | BRUCE PAUL DOUGLAS STODDART, Petitioner, v. SECRETARY, DOC and FLORIDA ATTORNEY GENERAL, Respondents. |
Court | U.S. District Court — Middle District of Florida |
Petitioner Bruce Paul Douglas Stoddart (hereinafter "Petitioner," "Stoddart," or "Defendant") initiated this action with the assistance of counsel by filing a 28 U.S.C. § 2254 petition for writ of habeas corpus (Doc. #1, "Petition"). Petitioner challenges his jury-based judgment and conviction of premeditated murder entered in the Twentieth Judicial Circuit Court in Collier County, Florida.
Respondent filed a Response (Doc. #9, Response) opposing all grounds and attached supporting exhibits (Doc. #16, Exhs. 1-23) consisting of the record on direct appeal and the postconviction record. Inter alia, Respondent argues that Petitioner has not satisfied 28 U.S.C. § 2254(d) (1)-(2).2 Petitioner filed a Reply (Doc. #13). This matter is ripe for review.
Petitioner Stoddart was charged with premeditated murder of his girlfriend at her apartment on New Year's Eve of 2003 (case number 03CF27A). Exh. 1; see also Exh. 22, Vol. 4 at 602 ( ); Exh. 22 Vol. 2 at 304-305 (victim's daughter's testimony). On August 8, 2005, the three-day trial commenced before the Honorable William Blackwell, Senior Circuit Judge for the Twentieth Judicial Circuit. The jury heard testimony including, but not limited to, several responding law enforcement officers, the victim's children who witnessed the shooting, and the victim's sister. The jury also heard the recording of Petitioner's 911 call, wherein he admitted he killed his girlfriend. Additionally, the jury heard a tape recorded admission of guilt from Petitioner to law enforcement officials, which the trial court determined Petitioner provided after a knowing and voluntary waiver of his Mirandarights. In the recording, Petitioner explained that he and his girlfriend were fighting that evening and admitted that he shot her with a handgun once in the abdomen and multiple times in the head. Exh. 22, Vol. 4 at 597-739. The jury also heard testimony from Petitioner. Exh. 22, Vol. 5 at 851. The theory of the defense, based solely on Petitioner's testimony, was self-defense. Id. Petitioner claimed that the victim and he wrestled with the handgun, the handgun went off, and the victim landed in her closet. Exh. 22, Vol. 5 at 872. Petitioner testified that he turned and saw the victim's daughter, after which he turned back around and the victim was pointing a shotgun at him. Id. at 873. Petitioner further testified that he then "fired in her direction." Id. Notably, Petitioner's trial testimony greatly differed from the admission of guilt he provided to law enforcement officials. Exh. 22, Vol. 4 at 640-649, 648. The jury returned a verdict finding Petitioner guilty of premeditated murder. Exh. 2.
On February 9, 2007, Petitioner filed a direct appeal with the assistance of counsel raising three grounds:
Exh. 3. The state responded. Exh. 4. The appellate court per curiam affirmed Petitioner's conviction and sentence on November 25, 2009. Exh. 6.
On December 28, 2010, Petitioner then filed a petition raising four claims of ineffective assistance of appellate counsel:
Exh. 8. The state responded. Exh. 9. The appellate court denied Petitioner's petition alleging ineffective assistance of appellate counsel on November 4, 2011. Exh. 10.
Petitioner then filed a motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 and an amended Rule 3.850 motion. Exhs. 12, 13. Petitioner's Rule 3.850 motions raised the following two claims:
Exhs. 12-13. The state responded. Exh. 13. The postconviction court summarily denied Petitioner relief on both claims, incorporating by reference the state's response in its order. Exh. 14. Petitioner appealed. Exh. 15. The appellate court per curiam affirmed the postconviction court's order. Exh. 17.
Petitioner then filed a petition for habeas corpus for manifest injustice concerning the forcible-felony jury instruction. Exh. 19. Specifically, Petitioner argued that his Fifth and Fourteenth Amendment rights to due process and equal protection of the law were violated as a result of the Florida courts' contradictory and opposite holdings affirming the denialof the 3.850 motion and denial of the 9.114 motion. Id. at 7-8. The appellate court denied Petitioner's state petition for writ of habeas corpus. Exh. 20. Petitioner then moved for rehearing, which the appellate court denied. Exh. 21.
Proceeding with counsel, Petitioner then initiated the instant § 2254 Petition raising five grounds for relief. Doc. #1.
Petitioner filed his Petition after the effective date of the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), Pub. L. No. 104-132, 110 Stat. 1214 (1996). Abdul-Kabir v. Quarterman, 550 U.S. 233, 246 (2007); Penry v. Johnson, 532 U.S. 782, 792 (2001). Consequently, post-AEDPA law governs this action. Abdul-Kabir, 550 U.S. at 246; Penry, 532 U.S. at 792; Davis v. Jones, 506 F.3d 1325, 1331, n.9 (11th Cir. 2007).
Under the deferential review standard, habeas relief may not be granted with respect to a claim adjudicated on the merits in state court unless the adjudication of the claim:
28 U.S.C. § 2254(d). Cullen v. Pinholster, 563 U.S. 170, 131 S. Ct. 1388, 1398 (2011). "This is a difficult to meet, and highly deferential standard for evaluating state-court rulings, which demands that the state-court decisions be given the benefit of the doubt." Id. (internal quotations and citations omitted). See also Harrington v. Richter, 562 U.S. 86, 131 S. Ct. 770, 786 (2011) ( ).
Both the Eleventh Circuit and the Supreme Court broadly interpret what is meant by an "adjudication on the merits." Childers v. Floyd, 642 F.3d 953, 967-68 (11th Cir. 2011). Thus, a state court's summary rejection of a claim, even without explanation, qualifies as an adjudication on the merits that warrants deference by a federal court. Id.; see also Ferguson v. Culliver, 527 F.3d 1144, 1146 (11th Cir. 2008). Indeed, "unless the state court clearly states that its decision was based solely on a state procedural rule [the Court] will presume that the state court has rendered an adjudication on the merits when the petitioner's claim 'is the same claim rejected' by the court." Childers v. Floyd, 642 F.3d at 969 (quoting Early v. Packer, 537 U.S. 3, 8 (2002)).
"A legal principle is 'clearly established' within the meaning of this provision only when it is embodied in a holding of Court." Thaler v. Haynes, 599 U.S.43, 130 S. Ct. 1171, 1173 (2010); see also Carey v. Musladin, 549 U.S. 70, 74 (2006) (citing Williams v. Taylor, 529 U.S. 362, 412 (2000)) (recognizing "[c]learly established federal law" consists of the governing legal principles, rather than the dicta, set forth in the decisions of the United States Supreme Court at the time the state court issues its decision). "A state court decision involves an unreasonable application of federal law when it identifies the correct legal rule from Supreme Court case law but unreasonably applies that rule to the facts of the petitioner's case, or when it unreasonably extends, or unreasonably declines to extend, a legal principle from Supreme Court case law to a new context." Ponticelli v. Sec'y, Fla. Dep't of Corr., 690 F.3d 1271, 1291 (11th Cir. 2012) (internal quotations and citations omitted). The "unreasonable application" inquiry requires the Court...
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