Varela v. Marshall

• Decision Date: 02 October 2007
• Docket Number: No. 06 Civ. 6051(VM).,06 Civ. 6051(VM).
• Citation: 520 F.Supp.2d 471
• Parties: Ronnie VARELA, Petitioner, v. MARSHALL, Respondent.
• Court: U.S. District Court — Southern District of New York

520 F.Supp.2d 471

Ronnie VARELA, Petitioner, v. MARSHALL, Respondent.

No. 06 Civ. 6051(VM).

United States District Court, S.D. New York.

October 2, 2007.

COPYRIGHT MATERIAL OMITTED

DECISION AND ORDER

VICTOR MARRERO, District Judge.

Pro se petitioner Ronnie Varela ("Varela") filed a writ of habeas corpus pursuant to 28 U.S.C. § 2254 alleging that he is being held in state custody in violation of his federal constitutional rights. On September 10, 2002, Varela was convicted in New York State Supreme Court, New York County, of burglary in the first degree. Varela was sentenced, as a second felony offender, to a term of eight years imprisonment.

In his petition, Varela claims that he was: (1) denied the right to a public trial when the trial court excluded his family from the courtroom during a segment of jury selection; and (2) denied due process an a fair trial when the prosecutor stipulated to a suppression of a statement made by Varela at the time of apprehension and later used that statement for impeachment and during summation. For the reasons set forth below, Varela's petition is DENIED.

I. BACKGROUND¹

On September 10, 2002, following a jury trial, Varela was convicted in New York State Supreme Court, New York County (the "trial court"), of Burglary in the first degree in violation of New York State Penal Law § 140.30(4). Varela was sentenced, as a second felony offender, to a term of eight years imprisonment.

In January 2005, Varela appealed his conviction to the New York State Supreme Court, Appellate Division, First Department ("Appellate Division"). On appeal, Varela argued that he was (1) denied the right to a public trial when the trial court excluded his family from the courtroom during a segment of jury selection; and (2) denied due process and a fair trial when the State prosecutor (the "State") stipulated to a suppression of a statement made by Varela at the time of apprehension and later used that statement for impeachment and during summation. In a decision dated October 11, 2005, the Appellate Division unanimously affirmed Varela's conviction. See People v. Varela, 22 A.D.3d 264, 804 N.Y.S.2d 16, 18 (2005). The Appellate Division found that Varela's argument regarding the exclusion of his family members from the courtroom was not preserved and declined to review this claim in the interest of justice. Further, the Appellate Division noted that were it to review the claim, it would find that the trial court had properly exercised its discretion in temporarily excluding Varela's family due to limited seating capacity. The Appellate Division also found that the trial court had properly allowed the State to use Varela's statement on rebuttal, notwithstanding the State's prior withdrawal of its notice of intent to introduce said statement, as (1) the statement was used in direct response to Varela's testimony concerning his reason for being present at the scene of his arrest, (2) the State never agreed to suppression of the statement for all purposes, and (3) Varela did not claim the evidence was inadmissible on the ground of involuntariness at the time of its introduction.

On November 7, 2005, Varela sought leave to appeal to the New York Court of Appeals. His request was denied on January 20, 2006. See People v. Varela, 6 N.Y.3d 781, 811 N.Y.S.2d 349, 844 N.E.2d 804, 804 (2006). Varela timely filed this petition for a writ of habeas corpus on August 9, 2006.²

II. DISCUSSION

A. LEGAL STANDARD

As a starting point, the Court notes that Varela is a pro se litigant. As such, his submissions must be held "to less stringent standards than formal pleadings drafted by lawyers," Hughes v. Rowe, 449 U.S. 5, 9, 101 S.Ct. 173, 66 L.Ed.2d 163 (1980) (citation omitted). The Court must read Daniel's submissions "liberally and interpret them to `raise the strongest arguments that they suggest.'" McPherson v. Coombe, 174 F.3d 276, 280 (2d Cir.1999) (citation omitted).

A petitioner in custody pursuant to a judgment of a state trial court is entitled to habeas relief only if he can show that his detention violates the United States Constitution or federal law or treaties of the United States. See 28 U.S.C. § 2254(a). Before seeking federal relief, however, a petitioner generally must have exhausted all available state court remedies. See id. § 2254(b),(c).³ To do so, the petitioner must have fairly presented his federal claims to the highest available state court, setting forth all of the factual and legal allegations he asserts in his federal petition. See Daye v. Att'y Gen., 696 F.2d 186, 191-92 (2d Cir.1982) (citations omitted).

Where a state court has decided a petitioner's federal claims on the merits, this Court may grant habeas relief only if the state court's decision "(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 proceeding." 28 U.S.C § 2254(d). A state court decision is "contrary to" clearly established federal law if the state court "applies a rule that contradicts the governing law set forth in [Supreme Court precedent]" or "confronts a set of facts that are materially indistinguishable from a [Supreme Court decision] and nevertheless arrives at a [different] result." Williams v. Taylor, 529 U.S. 362, 405-06, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000). To be considered "contrary" within the meaning of 28 U.S.C. § 2254, a state court decision must be "substantially different" from relevant Supreme Court precedent. Id. As long as a state court decision applies the correct legal rule to petitioner's facts, it is not subject to habeas review under this standard, even if the federal court would have reached a different conclusion were it to apply the rule itself. See id. at 406, 120 S.Ct. 1495.

A state court decision is "based on an unreasonable determination of the facts" if the court has correctly identified the correct legal rule set forth in governing Supreme Court cases, but unreasonably applies the rule to the peculiar facts of the case. Id. at 407, 120 S.Ct. 1495. A federal court may grant habeas relief only where the state court decision was objectively unreasonable in light of relevant precedent; a decision which is reasonable, even though it may be incorrect, is not grounds for habeas relief. See id. at 411, 120 S.Ct. 1495.

B. VARELA'S CLAIMS

1. Right to a Public Trial

Varela asserts that his Sixth Amendment right to a public trial was denied by the trial court's decision to exclude his parents and fiancee from a portion of jury selection due to a shortage of available seating in the courtroom. After the panel of prospective jurors had arrived for jury selection, the trial judge noted on the record that "the family will have to step out at `his juncture because of the seating situation.'" (Resp.Mem.8.) Varela did not object and jury selection began as scheduled. (See id.) The following day, Varela's parents and fiancee were admitted into the courtroom for the remainder of jury selection and the trial. (See id.) The Appellate Division declined to review Varela's claim regarding this temporary exclusion on direct appeal, as he had not preserved it for appellate review. See Varela, 804 N.Y.S.2d at 17. As the Appellate Division's decision was based on a state procedural rule, this Court is barred from reviewing it in this habeas proceeding.⁴

The "independent and adequate state ground doctrine" precludes a federal habeas court from considering a claim that was not reviewed by the state court because the petitioner failed to meet a state procedural requirement. See Coleman v. Thompson, 501 U.S. 722, 729-730, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991). "Both the Supreme Court and the Second Circuit have held that the failure to object at trial when required by New York's contemporaneous objection rule, C.P.L. § 470.05, is an adequate and independent state ground." Yapor v. Mazzuca, No. 04 Civ. 7966, 2005 WL 894918, at *23 (S.D.N.Y. April 19, 2005). New York state Criminal Procedure Law § 470 provides, in relevant part: "For purposes of appeal, a question of law with respect to a ruling or instruction of a criminal court during a trial or proceeding is presented when a protest thereto was registered, by the party claiming error, at the time of such ruling or instruction or at any subsequent time when the court had an opportunity of effectively changing the same." N.Y.Crim. Proc. Law. ("C.P.L.") § 470.05(2) (1995). Varela failed to object to the trial judge's exclusion of his family from the courtroom during the beginning of jury selection% see Resp. Mem. at 8, and his related claim is thus unpreserved under C.P.L. § 470.05.

Because Varela's failure to preserve this claim thus constitutes an independent and adequate state ground, this Court is barred from reviewing the issue unless Varela can either show cause for his not having preserved the claim in state court and resulting prejudice from his failure to do so, or demonstrate that failure to consider the claim would result in a "fundamental miscarriage of justice." Coleman, 501 U.S. at 748, 111 S.Ct. 2546, (citing Engle v. Isaac, 456 U.S. 107, 127-30, 102 S.Ct. 1558, 71 L.Ed.2d 783 (1982)). The latter requires a petitioner to show through "new reliable evidence, whether it be exculpatory scientific evidence, trustworthy eyewitness accounts, or critical physical evidence," that "it is more likely than not that no reasonable juror would ... [convict] in ... light of the new evidence." Schlup v. Delo, 513 U.S. 298, 324-27, 115 S.Ct. 851, 130 L.Ed.2d 808 (1995). Varela does not allege sufficient cause or prejudice, nor has he attempted to demonstrate his innocence through any new evidence. For the foregoing reasons, Varela is not entitled to habeas relief on this claim....