Sumrell v. Mississippi

Decision Date09 April 2009
Docket NumberNo. 4:08CV068-P-S.,4:08CV068-P-S.
Citation607 F.Supp.2d 748
PartiesMark D'Wayne SUMRELL, Petitioner v. State of MISSISSIPPI, et al., Respondents.
CourtU.S. District Court — Northern District of Mississippi

Mark D'Wayne Sumrell, Woodville, MS, pro se.

Jerrolyn M. Owens, Lesley C. Gunn, Mississippi Attorney General's Office, Jackson, MS, for Respondents.

MEMORANDUM OPINION

W. ALLEN PEPPER, JR., District Judge.

This cause comes before the court on the petition of Mark Sumrell ("Petitioner" or "Sumrell") for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The parties have submitted their briefs along with exhibits and this matter is ripe for review.

A. Factual Background

On October 13, 2003, Sumrell entered a Kroger grocery store in Greenville, Mississippi. A plain-clothed security guard observed Sumrell enter the store and go directly to a rack of leather jackets. He saw Sumrell take one of the jackets and walk further into the store. The guard followed Sumrell and watched as he put on the jacket. The guard noticed that the tags had been removed from the jacket. Sumrell then made his way towards the exit without paying for the jacket. The guard intercepted Sumrell and asked that he remove the jacket. He detained Sumrell in the store's office until police arrived. Sumrell was arrested for shoplifting. Since he had two prior shoplifting convictions, he was charged with third-offense felony shoplifting. See Miss.Code Ann. § 97-23-93(6). On May 5, 2004, the State filed a motion to amend the indictment "correcting a typographical error" to reflect Miss.Code Ann. § 99-19-83 rather than § 99-19-81. That same day the motion was granted. Over Defendant's objections to the amendment, Sumrell's trial began on May 17, 2004. He was found guilty by a jury of his peers and sentenced as an habitual offender to life imprisonment without the possibility of parole. See Miss.Code Ann. § 99-19-83.

The felony shoplifting sentencing order states, in relevant part,

The Court adjudicates the defendant as a habitual criminal pursuant to Miss. Code Ann. § 99-19-83, as the defendant has been previously convicted of two prior felonies separately brought and arising out of separate incidents at different times and having been sentenced to serve separate terms of one (1) year or more in a state or federal penal institution, and one (1) of such felonies having been a crime of violence. On September 23, 1991, the defendant was convicted of the felony crime of Robbery in Washington County cause number 22,242 and was sentenced to serve a term of one (1) year or more in the custody of the Mississippi Department of Corrections. On February 22, 1993, the defendant was convicted of the felony crime of Possession of Cocaine in Washington County cause number 23,007 and was sentenced to serve a term of one (1) year or more in the custody of the Mississippi Department of Corrections.

Sent. Or. (Cir. Ct. Washington County Apr. 26, 2005).

Sumrell appealed his conviction, which was affirmed by the Mississippi Court of Appeals. See Sumrell v. State, 972 So.2d 648 (Miss.App.2006). With the assistance of counsel, Sumrell then filed a petition for writ of certiorari in the Mississippi Supreme Court. Certiorari was granted and relief was ultimately denied. Sumrell v. State, 972 So.2d 572 (Miss.2008). Sumrell also filed a pro se petition for leave to seek post-conviction relief which was denied by the State's highest court. Sumrell filed the instant petition on May 27, 2008, setting forth essentially four grounds for relief.

Grounds for Relief

In support of his petition, Sumrell asserts:

Ground One: The sentence imposed violates due process.

Ground Two: Counsel was ineffective for failing to sufficiently object to the amended indictment.

Ground Three: There is newly discovered evidence not previously presented that requires vacation of the sentence.

Ground Four: The life sentence imposed is disproportionate to the crime.

It is important to note, that Sumrell never challenges the validity of the underlying conviction for felony shoplifting. Each of his Grounds for relief focus upon the sentence he received as a result of his conviction. The court, therefore, expresses no opinion about the soundness of his guilt arising out of the substantive charge. This opinion, rather, will focus only upon Sumrell's sentence as an habitual offender.

B. Limitations on Review

Consideration of a federal petition for habeas corpus is a two-tiered procedure. Before considering the merits of any claim the court must first determine if all procedural steps necessary to preserve each issue raised for federal review have been taken. The petition must be timely filed. Secondly, each claim in the petition must have been exhausted. 28 U.S.C. § 2254(b)(1). A claim is deemed exhausted if it has been presented to the highest court in the state, here the Mississippi Supreme Court, either on direct appeal or by post-conviction proceedings. If the claim is exhausted the court generally proceeds to the merits. If the claim is not exhausted and state post-conviction relief is no longer available, the claim will be finally dismissed. Sones v. Hargett, 61 F.3d 410, 416 (5th Cir.1995).

Petitioners must also meet state procedural requirements in the state court proceedings. If the state court, pursuant to its regularly enforced rules and procedures, refuses to consider an issue on the merits because of a procedural violation, the federal courts will almost never consider the procedurally defaulted claim. Sayre v. Anderson, 238 F.3d 631, 634 (5th Cir.2001). To avoid the bar of a procedural default, the petitioner must show "cause and prejudice" or a "fundamental miscarriage of justice." Moawad v. Anderson, 143 F.3d 942, 947 (5th Cir.1998).

If all the procedures have been followed in state court, the federal courts will then address issues affecting substantial federal constitutional rights. The federal courts do not function as super appellate courts over the states and hold no supervisory authority over those courts. The federal courts may not correct errors of state law unless they also violate the constitutional rights of an accused. Smith v. Phillips, 455 U.S. 209, 221, 102 S.Ct. 940, 948, 71 L.Ed.2d 78 (1982); Engle v. Isaac, 456 U.S. 107, 121, n. 21, 102 S.Ct. 1558, n. 21, 71 L.Ed.2d 783 (1982).

Even in matters affecting fundamental constitutional rights the federal courts have a very limited scope of review. Title 28 U.S.C. § 2254(d) provides:

(d) An application for writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim—

(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or

(2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceedings.

The federal courts may not disturb the legal holdings of the state courts even if convinced they are erroneous. The federal courts may intervene only if the application of federal law is also objectively unreasonable. Williams v. Taylor, 529 U.S. 362, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000). As to questions of fact, factual findings are presumed to be correct and a federal court will give deference to the state court's decision unless it "was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding." 28 U.S.C. § 2254(d)(2). The petitioner, however, may rebut "the presumption of correctness by clear and convincing evidence." 28 U.S.C. § 2254(e)(1).

C. Discussion
Procedural Bar

In Ground One, Sumrell argues that the application of the habitual offender sentence enhancement—life imprisonment without the possibility of parole—violated his right to due process. Specifically, Sumrell contends that the State failed to prove beyond a reasonable doubt that he had served one year or more for two prior felony convictions and that this evidentiary deficiency deprived him of due process. Ground Two an ineffective assistance of counsel claim, Ground Three a newly discovered evidence claim, and Ground Four a proportionality claim each arise out of the habitual offender sentence Sumrell received. The Respondents argue that these claims are procedurally barred due the Petitioner's failure to properly raise them in state court.

Generally, a federal court will not review a question of law decided by a state court if the decision of that state court rests on a state ground that is both independent of the federal claim and adequate to support that judgment. Amos v. Scott, 61 F.3d 333, 338 (5th Cir.1995) (citing Harris v. Reed, 489 U.S. 255, 260, 262, 109 S.Ct. 1038, 103 L.Ed.2d 308 (1989)). In simple form, the procedural bar doctrine is a rule which "applies to bar federal habeas [review] when a state court decline[s] to address a prisoner's federal claims because the prisoner ha[s] failed to meet a state procedural requirement." Coleman v. Thompson, 501 U.S. 722, 729-30, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991). "Under the procedural default doctrine, a federal court may not consider a state prisoner's federal habeas claim when the state based its rejection of that claim on an adequate and independent state ground." Pitts v. Anderson, 122 F.3d 275, 278 (5th Cir.1997).

In order to satisfy the independence requirement, the state court must "clearly and expressly" indicate that its judgment is independent of federal law and rests on a state procedural bar. Amos, 61 F.3d at 338. Denying Sumrell' claims, the Mississippi Supreme Court noted that issues not raised on direct appeal or before the trial court are procedurally barred. See Sumrell, 972 So.2d at 575 (citing ...

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