Tricomo v. Cotton
Decision Date | 31 October 2022 |
Docket Number | 3:21-CV-5792-DGE-DWC |
Parties | LIA YERA TRICOMO, Petitioner, v. JENEVA COTTON, Respondent. |
Court | U.S. District Court — Western District of Washington |
Noting Dated: November 18, 2022
REPORT AND RECOMMENDATION
Before the Court is Petitioner Lia Year Tricomo's petition for writ of habeas corpus under 28 U.S.C. § 2254 (“Petition”). Dkt. 1. The Petition contains three grounds for relief. Id. at pp. 5, 7-8. After consideration of the record, the Court finds Ground 1 is procedurally barred and the state court's adjudication of Grounds 2 and 3 was not contrary to, nor an unreasonable application of, clearly established federal law. Therefore it is recommended that the Petition be denied, no evidentiary hearing be held, and no certificate of appealability be issued.
Petitioner is challenging a Thurston County Superior Court judgment and sentence arising from one count of murder in the second degree, three counts of assault in the second degree, and one count of taking a motor vehicle without permission. See Dkt. 1. The Court of Appeals for the State Washington (“state court appeals”) summarized the facts supporting of Petitioner's underlying case as follows:
Matter of Tricomo, 13 Wash.App. 2d 223, 228-31 (2020) (footnote omitted).
Petitioner challenged her judgment and sentence on direct appeal. See Dkt. 15-1, p. 51 (Exhibit 4). The state court of appeals affirmed Petitioner's judgment and sentence. Id. at p. 130 (Exhibit 7). Petitioner sought discretionary review by the state supreme court. See id. at p. 180 (Exhibit 10). On November 2, 2016, the state supreme court denied review without comment. Id. at p. 233 (Exhibit 11). The state court of appeals issued the mandate on January 5, 2017. Id. at p. 235 (Exhibit 12).
On January 2, 2018, Petitioner, proceeding pro se filed a personal restraint petition (“PRP”) seeking state post-conviction relief. See Dkt. 15-1, p. 238 (Exhibit 13). Petitioner retained counsel, Neil Fox, and, on December 31, 2018, Mr. Fox filed an amended PRP on Petitioner's behalf. See Dkt. 15-2, p. 2 (Exhibit 20). The PRP was referred to a panel of judges at the state court of appeals for determination on the merits. See id. at 376 (Exhibit 26). After supplemental briefing, the state court of appeals denied the PRP on May 12, 2020. See Dkts. 153, p. 2 (Exhibit 31); 15-3, p. 47 (Exhibit 32); 15-1, p. 23 (Exhibit 3). Petitioner sought discretionary review from the state supreme court, which the commissioner of the state supreme court denied on June 4, 2021. See Dkts. 15-3, p. 268 (Exhibit 37); 15-3, p. 350 (Exhibit 28); 153, p. 379 (Exhibit 39), 15-3, p. 397 (Exhibit 40); 15-3, p. 446 (Exhibit 41); 15-3, p....
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