Walker v. Sevier
Decision Date | 30 April 2015 |
Docket Number | Case No. 1:13-cv-1476-JMS-TAB |
Parties | CHARLES A. WALKER, Petitioner, v. MARK A. SEVIER, Respondent. |
Court | U.S. District Court — Southern District of Indiana |
Petitioner Charles Walker was convicted in an Indiana state court of robbery and being a habitual offender. He is currently serving a forty-year sentence for these crimes. Mr. Walker now seeks a writ of habeas corpus, arguing that he was denied effective assistance of appellate counsel during his direct appeal.
For the reasons explained in this Entry, Mr. Walker's petition for a writ of habeas corpus is denied and the action dismissed with prejudice. In addition, the Court finds that a certificate of appealability should not issue.
District court review of a habeas petition presumes all factual findings of the state court to be correct, absent clear and convincing evidence to the contrary. See Daniels v. Knight, 476 F.3d 426, 434 (7th Cir. 2007). Mr. Walker does not challenge any of the facts set forth in the Indiana Court of Appeals' decisions. The Court therefore adopts the factual summary set out in each of the Indiana Court of Appeals' decisions. On direct appeal, the Indiana Court of Appeals summarized the facts as follows:
Walker v. State, 872 N.E.2d 704, 2007 WL 2405067 (Ind. Ct. App. 2007) ("Walker I").
On direct appeal, Mr. Walker challenged the sufficiency of the evidence supporting his robbery conviction and whether a forty-year sentence was appropriate. See Walker I, 2007 WL 2405067, at *1. The Indiana Court of Appeals affirmed Mr. Walker's conviction and sentence. See id.
Following his direct appeal, Mr. Walker pursued state post-conviction relief, raising claims of ineffective assistance of trial counsel and ineffective assistance of appellate counsel. As relevant here, Mr. Walker argued before the Indiana Court of Appeals that both his trial and appellate counsel provided ineffective assistance by failing to challenge the sufficiency of the evidence supporting his habitual offender conviction, the trial counsel by failing to move for a directed verdict and the appellate counsel by failing to challenge the sufficiency of the evidence. See Walker v. State, 988 N.E.2d 1181, 1184 (Ind. Ct. App. 2013) ("Walker II"). The Indiana Court of Appeals affirmed the post-conviction court's denial of all of Mr. Walker's ineffective assistance of counsel claims. See id. at 1192.
Mr. Walker filed a petition to transfer with Indiana Supreme Court on June 21, 2013. The Indiana Supreme Court denied transfer on August 22, 2013.
Mr. Walker timely filed the instant petition for a writ of habeas corpus with this Court. He raises one issue: whether in Walker II the Indiana Court of Appeals unreasonably applied Strickland v. Washington in deciding that his appellate counsel in Walker I had not rendered ineffective assistance by failing to challenge the sufficiency of the evidence supporting his habitual offender conviction.
A federal court may grant habeas relief only if the petitioner demonstrates that he is in custody "in violation of the Constitution or laws . . . of the United States." 28 U.S.C. § 2254(a) (1996). The petitioner filed his 28 U.S.C. § 2254 petition after the effective date of the Antiterrorism and Effective Death Penalty Act ("AEDPA"). His petition, therefore, is subject to AEDPA. See Lindh v. Murphy, 521 U.S. 320, 336 (1997).
"Under the current regime governing federal habeas corpus for state prison inmates, the inmate must show, so far as bears on this case, that the state court which convicted him unreasonably applied a federal doctrine declared by the United States Supreme Court." Redmond v. Kingston, 240 F.3d 590 (7th Cir. 2001) (citing 28 U.S.C. § 2254(d)(1); Williams v. Taylor, 529 U.S. 362 (2000); Morgan v. Krenke, 232 F.3d 562 (7th Cir. 2000)). Thus, "under AEDPA, federal courts do not independently analyze the petitioner's claims; federal courts are limited to reviewing the relevant state court ruling on the claims." Rever v. Acevedo, 590 F.3d 533, 536 (7th Cir. 2010). "A state-court decision involves an unreasonable application of this Court's clearly established precedents if the state court applies this Court's precedents to the facts in an objectively unreasonable manner." Brown v. Payton, 544 U.S. 131, 141 (2005) (internal citations omitted). "The habeas applicant has the burden of proof to show that the application of federal law was unreasonable." Harding v. Sternes, 380 F.3d 1034, 1043 (7th Cir. 2004) (citing Woodford v. Visciotti, 537 U.S. 19, 25 (2002)).
The methodology for the Court's analysis is this: The first step under § 2254(d)(1) is "to identify the 'clearly established Federal law, as determined by the Supreme Court of the UnitedStates' that governs the habeas petitioner's claims." Marshall v. Rodgers, 133 S. Ct. 1446, 1449 (2013) (citing Williams v. Taylor, 529 U.S. at 412; Knowles v. Mirzayance, 556 U.S. 111, 122 (2009)). In proceeding with the analysis, a federal habeas court "must determine what arguments or theories supported, or, [in the case of an unexplained denial on the merits], could have supported, the state court's decision; and then it must ask whether it is possible fairminded jurists could disagree that those arguments or theories are inconsistent with the holding in a prior decision of [the Supreme Court]." Harrington v. Richter, 562 U.S. 86, 102 (2011). If a state court's decision "was reasonable, it cannot be disturbed." Hardy v. Cross, 132 S. Ct. 490, 495 (2011) (per curiam).
The clearly established federal law at issue in this case as set forth by the Supreme Court is as follows: a defendant has a right under the Sixth Amendment to effective assistance of counsel. See Strickland v. Washington, 466 U.S. 668, 687 (1984). For a petitioner to establish that "counsel's assistance was so defective as to require reversal," he must make two showings: (1) that counsel rendered deficient performance that (2) prejudiced the petitioner. Id. With respect to the performance requirement, "[t]he proper measure of attorney performance remains simply reasonableness under prevailing professional norms." Wiggins v. Smith, 539 U.S. 510, 521 (2003) (quoting Strickland, 466 U.S. at 688).
When the deferential AEDPA standard is applied to a Strickland claim, the following calculus emerges:
Establishing that a state court's application of Strickland was unreasonable under § 2254(d) is . . . difficult. The standards created by Strickland and § 2254(d) are both "highly deferential," [Strickland] at 689, 104 S. Ct. 2052; Lindh v. Murphy, 521 U.S. 320, 333, n.7, 117 S. Ct. 2059, 138 L.Ed.2d 481 (1997), and when the two apply in tandem, review is "doubly" so, Knowles, 556 U.S. at ___, 129 S. Ct. at 1420. The Strickland standard is a general one, so the...
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