Washington v. Cain
| Decision Date | 31 March 2015 |
| Docket Number | CIVIL ACTION NO. 14-2394 SECTION "N"(4) |
| Parties | SOLOMON WASHINGTON v. NATHAN BURL CAIN, WARDEN |
| Court | U.S. District Court — Eastern District of Louisiana |
This matter was referred to a United States Magistrate Judge to conduct hearings, including an evidentiary hearing if necessary, and to submit proposed findings and recommendations pursuant to 28 U.S.C. § 636(b)(1)(B) and (C), and as applicable, Rule 8(b) of the Rules Governing Section 2254 Cases. Upon review of the entire record, the Court has determined that this matter can be disposed of without an evidentiary hearing. See 28 U.S.C. § 2254(e)(2) (2006).1
The petitioner, Solomon Washington ("Washington"), is a convicted inmate currently incarcerated in the Louisiana State Penitentiary in Angola, Louisiana.2 The records reflect that Washington and two co-defendants, Andrew Mabry and Darrell Jarrell, were charged on August 6, 1998, by Bill of Information in St. Tammany Parish Case No. 290528 with conspiracy to committhe first degree murder of Clayton Polen.3 Washington attended by counsel, John W. Hogue, initially entered a plea of not guilty to the charge on September 2, 1998.4
At a hearing held April 15, 1999, Washington accompanied by different counsel, Robert F. Fleming, Jr., withdrew his former plea and entered a plea of guilty.5 The minutes of that proceeding reflect that the Trial Court advised Washington that he would be sentenced to serve ten (10) years in prison at hard labor without benefit of parole, probation, or suspension of sentence. The Trial Court deferred sentencing, however, until after the taking of additional argument and testimony. Counsel objected to the sentencing being without benefits. After additional argument, the Trial Court reiterated its previously announced sentence, and based on counsel's continued objection, allowed Washington to withdraw the guilty plea and set the matter for trial.6
When the matter was called to trial on May 13, 1999, the State entered a nolle prosequi and dismissed count one of the Bill of Information as to Washington in Case No. 290523.7 The State notified the Trial Court that it had filed a new Bill of Information that day under St. Tammany Case No. 302559 charging Washington with one count of attempted first degree murder of Clayton Polen and one count of conspiracy to commit first degree murder of Clayton Polen.8
The record in that proceeding reflects that, on July 13, 1998, Darrell Jarrell offered to pay Washington and an accomplice $1,000.00 to kill Clayton Polen because he was dating Jarrell's ex-wife, Elaine Jarrell.9 Washington accepted the offer and went to Polen's residence with the accomplice. He knocked on the door and Elaine Jarrell answered. Washington and the accomplice pushed their way in past her. The two men then shot Polen ten times before fleeing the house along with Darrell Jarrell, who was waiting outside.
On August 23, 1999, Washington accompanied by counsel, Martin Regan, entered a plea of guilty to both counts without a plea agreement or negotiated sentence.10 On November 8, 1999, the Trial Court sentenced Washington on the attempted murder charge to serve forty (40) years in prison at hard labor with the first twenty (20) years to be served without benefit of parole, probation, or suspension of sentence, and the last twenty (20) years to be suspended.11 Upon his release, he would be placed on probation for five (5) years. On the conspiracy count, the Trial Court sentenced Washington to serve a concurrent term of twenty (20) years at hard labor.
Over two years later, on October 30, 2001, Washington submitted an application for post-conviction relief to the Trial Court asserting the following grounds for relief: (1) ineffective assistance of counsel when counsel failed to interview the State's witnesses, investigate, or file pretrial motions to suppress; (2) he was prejudiced when the state trial court failed to grant newcounsel a continuance; and (3) the State breached the plea agreement when it did not move for a downward departure rendering his plea involuntary. After receiving a response from the State, the Trial Court denied relief on February 13, 2002, finding no merit in the claims raised under the standards set for in Strickland v. Washington, 466 U.S. 668 (1984).12
On April 30, 2002, Washington submitted a motion to the state trial court seeking correction of his sentence as illegal because a portion of the sentence was suspended with a probation requirement, which was contrary to the sentencing statute.13 The Trial Court denied the motion for being in an improper form on May 30, 2002.14
On July 10, 2002, Washington resubmitted his motion apparently in proper form.15 At a hearing held August 30, 2002, the Trial Court granted the motion and resentenced Washington on the attempted murder charge to serve thirty (30) years in prison at hard labor without parole, probation, or suspension of sentence.16 The Trial Court denied Washington's motion for reconsideration on October 16, 2002.17 The Trial Court also denied Washington's motion to correct the newly imposed sentence on December 19, 2002.18
On its review of these rulings, the Louisiana First Circuit granted Washington's writ application and ordered a resentencing because Washington was not represented by counsel at the resentencing held August 30, 2002.19 The state trial court thereafter resentenced Washington, accompanied by counsel, on May 29, 2003, to serve thirty (30) years in prison on the attempted murder charge without benefit of parole, probation, or suspension of sentence.20 The Circuit Court also denied counsel's motion to reconsider the sentence.
On direct appeal to the Louisiana First Circuit, Washington's appointed counsel argued that the sentence imposed for attempted first degree murder was excessive under the circumstances of the case.21 The Circuit Court affirmed the convictions and sentences on May 14, 2004, finding no merit in the issue raised and noting that there was no plea agreement or stipulated sentence in this case.22 The Louisiana Supreme Court denied Washington's related writ application without stated reasons on November 19, 2004.23
Washington's convictions and sentences became final ninety (90) days later, on February 17, 2005, because he did not file a writ application with the United States Supreme Court. Ott v. Johnson, 192 F.3d 510, 513 (5th Cir. 1999) (); U.S.S. Ct. Rule 13(1); see also Burton v. Stewart, 549 U.S. 147 (2007) ().
Almost one year later, on January 30, 2006, Washington signed and submitted an application for post-conviction relief to the Trial Court in which he asserted the following grounds for relief:24 (1) the Trial Court erred in accepting the guilty plea in Chambers rather than in a public hearing; and (2) counsel failed to provide the Trial Court with mitigating evidence at the resentencing on May 20, 2003, and failed to request that the Trial Court reconsider the presentence report issued for the original sentencing. The Trial Court denied relief without stated reasons on February 10, 2006.25 The Trial Court's order was mailed to Washington on February 15, 2006.26 The Louisiana First Circuit denied Washington's untimely-filed27 writ application without stated reasons on March 7, 2007.28 The Louisiana Supreme Court also denied Washington's related writ application without stated reasons on December 14, 2007.29
Several years later, on August 15, 2011, Washington submitted a motion to the Trial Court seeking to enforce an oral plea agreement for a twenty (20) year recommended sentence stipulated to by the State during plea discussions on August 23, 1999, in return for his assistance in the prosecution against Darrell Jarrell.30 The Trial Court denied the motion noting that there was no plea agreement signed in this case.31
The Louisiana First Circuit denied Washington's related writ application on December 5, 2011, because the claims raised in the motion were in the nature of a request for post-conviction relief which was untimely under La. Code Crim. P. art. 930.8.32 Washington did not seek further review of this ruling.
Fifteen (15) months later, on March 18, 2013, Washington submitted another application for post-conviction relief to the state trial court asserting the following grounds for relief:33 (1) his counsel, Robert Fleming, provided ineffective assistance in advising him to withdraw the plea, go to trial, and reject the plea agreement in Case Number 290523; and (2) he received inadequate assistance of counsel at the initial review collateral proceedings which establishes cause for his procedural default of the ineffective assistance of trial counsel claim pursuant to Martinez v. Ryan, ___ U.S. ___, 132 S. Ct. 1309 (2012). On May 2, 2013, the Trial Court denied relief finding the firstclaim to be untimely filed and the second claim inapplicable because Louisiana law allows for the urging of ineffective assistance of counsel claims on direct appeal.34
The Louisiana First Circuit also denied Washington's related writ application on August 27, 2013, for seeking untimely post-conviction relief under La. Code Crim. P. art. 930.8, noting that the Martinez decision did not create any rights enforceable on state post-conviction review, and that he presented no new rule of constitutional law that applied retroactively to his case.35 The Louisiana Supreme Court denied Washington's subsequent writ application on May 2, 2014, citing La. Code Crim. P. art. 930.8 and State ex rel. Glover...
To continue reading
Request your trial