Tielsch v. Capozza
Decision Date | 25 September 2019 |
Docket Number | Civil Action No. 16 - 594 |
Parties | STEVEN MICHAEL TIELSCH, Petitioner, v. MARK CAPOZZA, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA and THE DISTRICT ATTORNEY OF ALLEGHENY COUNTY, Respondents. |
Court | U.S. District Court — Western District of Pennsylvania |
MEMORANDUM OPINION
Pending before the Court is a Petition for Writ of Habeas Corpus ("Habeas Petition") filed by Petitioner Steven Michael Tielsch ("Petitioner" or "Tielsch") pursuant to 28 U.S.C. § 2254. (ECF No. 1.) Petitioner challenges his judgment of conviction for third-degree murder and his sentence of ten to twenty years imprisonment entered by the Court of Common Pleas of Allegheny County on November 13, 2002.1 For the following reasons, the Petition and Petitioner's request for an evidentiary hearing will be denied. A certificate of appealability will also be denied.
Commonwealth v. Tielsch, 934 A.2d 81, 83-84 (Pa. Super. 2007) (footnotes omitted).
The Superior Court of Pennsylvania affirmed Petitioner's judgement of sentence in a published opinion dated August 23, 2007, and denied his Application for Reargument on November 1, 2007. (Resp't Ex. 2, ECF No. 20-1, p.38); (Resp't Ex. 5, ECF No. 20-4, pp.1-39.) The Supreme Court of Pennsylvania denied Petitioner's Petition for Allowance of Appeal ("PAA") on May 30, 2008. (Pet's Ex. 6, ECF No. 20-4, pp.41-43.) Petitioner's direct appeal proceeding concluded when a Writ of Certiorari was denied by the Supreme Court of the United States on December 8, 2008. (Resp't Ex. 8, ECF No. 20-5, pp.1-2); (Res't Ex. 9, ECF No. 20-5, pp.3-40.)
On December 16, 2008, Petitioner filed a pro se Petition pursuant to Pennsylvania's Post Conviction Relief Act ("PCRA") and the case was declared complex. (Pet'r Ex. T, ECF No. 1-24.) Petitioner was appointed an attorney and the trial court granted his request for the appointment of a private investigator. Through counsel, Petitioner filed an two Amended PCRA Petitions and two Supplements thereto ("PCRA petition"). (Pet's Exs. U, W, X, Y, Z, AA, ECF Nos. 1-25, 1-27, 1-28, 1-29, 1-30, 1-31.) The PCRA Petition was dismissed on November 16, 2012. (Resp't Ex. 1, ECF No. 20-1, p.35.)
Petitioner appealed the dismissal of his PCRA Petition and the Superior Court affirmed the dismissal in a Memorandum Opinion dated May 15, 2015. (Resp't. Exh. 15, ECF No. 20-9.) The Superior Court found that Petitioner's Brief did not comply with Rule 2119(a) of the Pennsylvania Rules of Appellate Procedure and also found several of the claims waived. Id. Reargument was denied on July 20, 2015, and no PAA was filed with the Pennsylvania Supreme Court.
Through counsel, Petitioner filed his Habeas Petition in this Court on May 10, 2016. (ECF No. 1.) Respondents filed their Answer on September 15, 2016, and Petitioner filed a Response on October 1, 2017. (ECF Nos. 20, 44.)
Pursuant to the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), a federal habeas court may overturn a state court's resolution of the merits of a constitutional issue only if the state court decision was "contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States." 28 U.S.C. § 2254(d)(1). The phrase "clearly established Federal law," as the term is used in Section 2254(d)(1) is restricted "to the holdings, as opposed to the dicta of [the United States Supreme Court] decisions as of the time of the relevant state-court decision." Williams v. Taylor, 529 U.S. 362, 365 (2000).
Vickers v. Superintendent Graterford SCI, 858 F.3d 841, 848-89 (3d Cir. 2017) (internal footnote omitted).
The AEDPA further provides for relief if an adjudication "resulted in a decision that 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). Under § 2254(d)(2), a state court decision is based on an "unreasonable determination of the facts" if the state court's factual findings are "objectively unreasonable in light of the evidence presented in the state-court proceeding," which requires review of whether there was sufficient evidence to support the state court's factual findings. See Miller-El v. Cockrell, 537 U.S. 322, 340 (2003). Within this overarching standard, a petitioner may attack specific factual determinations that were made by the state court, and that are subsidiary to the ultimate decision. Here, § 2254(e)(1) comes into play, instructing that the state court's determination must be afforded a presumption of correctness that the petitioner can rebut only by clear and convincing evidence. Lambert v. Blackwell, 387 F.3d 210, 235 (3d Cir. 2004).
Petitioner raises four claims in his Habeas Petition. First, Petitioner claims that he was denied his due process to present a defense by the exclusion of testimony from two proffered defense witnesses. Second, Petitioner claims that he was denied the effective assistance ofcounsel because his counsel failed to argue, on direct appeal, that Musselwhite's statement was an excited utterance. Third, Petitioner alleges misconduct on the part of the prosecutor. Fourth, Petitioner alleges another claim of ineffective assistance of counsel for...
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