Wood v. McCollum
Decision Date | 02 February 2016 |
Docket Number | Case No. CIV-13-628-M |
Parties | MICHAEL W. WOOD, Petitioner, v. TRACY MCCOLLUM, Warden, Respondent. |
Court | U.S. District Court — Western District of Oklahoma |
Michael W. Wood, an Oklahoma prisoner appearing pro se, petitioned this Court for a writ of habeas corpus under 28 U.S.C. § 2254. See Pet. (Doc. No. 1) at 5-6.2 Respondent filed his Answer and brief in opposition (Doc. No. 13) along with the relevant state-court records (see Doc. No. 15), to which Petitioner replied (Doc. Nos. 19, 20). United States District Judge Vicki Miles-LaGrange has referred the matter to the undersigned Magistrate Judge for a report and recommendation in accordance with 28 U.S.C. § 636(b). As outlined herein, the undersigned recommends that the Petition be denied in part and dismissed without prejudice in part.
On August 13, 2008, Petitioner was charged in a felony Information with one count of first-degree murder. Pet. at 15; Pet'r's OCCA Br. (Doc. No. 13-1) at 24, Wood v. State, No. C-2011-548 (Okla. Crim. App. filed June 21, 2011). The charge stemmed from Petitioner's alleged involvement in the January 2005 disappearance and presumed death of Donovan Nimmo. An Amended Supplemental Information was filed in November 2008, adding a page reflecting Petitioner's two prior felony convictions in Oklahoma state court. Pet. at 15. In January 2009, the State filed a Special Bill of Particulars giving notice of its intent to seek the death penalty against Petitioner if he was convicted of first-degree murder. See Mot. Hr'g Tr. 20, State v. Wood, No. CF-2008-44 (Blaine Cnty. Dist. Ct. June 13, 2011) (Doc. No. 15) (conventionally filed). The trial court soon thereafter appointed Craig Corgan from the Oklahoma Indigent Defense System's ("OIDS") capital trial division to represent Petitioner. Id.; Pet. at 16. According to Petitioner's testimony, Mr. Corgan advised Petitioner that, based on his review of the State's evidence, he thought it was "a possibility" that Petitioner would be sentenced to death if he went to trial. Mot. Hr'g Tr. 21.
The State offered Petitioner a plea agreement shortly after Mr. Corgan entered the case. See id. at 28-29, 30-31; Pet'r's OCCA Br. at 32. The proposed agreement called for Petitioner to plead guilty to first-degree murder and to assist law enforcement in recovering Mr. Nimmo's body. See Resp't's Ex. 4 (Doc. No. 13-4) at 1-4, Guilty Plea Form, State v. Wood, No. CF-2008-44 (Blaine Cnty. Dist. Ct.); Mot. Hr'g Tr. 28-29, 30-31 ( ). In exchange, the State would "drop [the] death penalty" upon the trial court's acceptance of Petitioner's guilty plea. Guilty Plea Form at 4; see also Plea Hr'g Tr. 2, State v. Wood, No. CF-2008-44 (Blaine Cnty. Dist. Ct. July 22, 2010) (Doc. No. 15); Mot. Hr'g Tr. 28-29, 30-31. The parties also stipulated that they would recommend that the court sentence Petitioner to life in prison with or without the possibility of parole, depending on whether Petitioner's information led to the recovery of Mr. Nimmo's remains. Guilty Plea Form at 4; see Mot. Hr'g Tr. 28-29, 30-31. Petitioner initially rejected the proposed plea agreement against Mr. Corgan's advice because he wanted to go to trial. See Mot. Hr'g Tr. 28-29, 30-31; Pet'r's OCCA Br. at 32-33.
Petitioner retained new counsel, Irven Box, in February 2010. Pet. at 4. Petitioner testified that he hired Mr. Box due to Petitioner's disagreement with Mr. Corgan's recommendation that he plead guilty. According to Petitioner, Mr. Box told Petitioner that he "ultimately . . . would receive the death penalty if [he] went to trial" and strongly urged Petitioner to take the State's original offer. See Mot. Hr'g Tr. 13, 14, 16, 21, 30-31; Pet'r's OCCA Br. at 33; OCCA Op. Den. Cert. (Doc. No. 13-2) at 4-5, Wood v. State, No. C-2011-548 (Okla. Crim. App. Nov. 29, 2012) ().
Petitioner appeared with Mr. Box for a change-of-plea hearing before the District Court of Blaine County, Oklahoma, on July 22, 2010. The district court engaged Petitioner in the following colloquy before accepting his guilty plea:
The Form that the district court reviewed in open court—which contained Petitioner's actual guilty plea and admission that he "commit[ted] the acts as charged in the Information"—contained Petitioner's sworn statements affirming that he understood the constitutional rights he was giving up by pleading guilty, as well as the potential penalties he faced if the court accepted his guilty plea under the terms of this agreement.3 See Guilty Plea Form at 1-4. The final page also contained the district court's express findings that Petitioner was "competent for the purpose of this hearing" and "underst[ood] the nature, purpose and consequences of this proceeding." Id. at 6.
On October 14, 2010, the district court sentenced Petitioner to life in prison without the possibility of parole. Pet'r's Ex. 1 (Doc. No. 4-1) at 2, J. & Sent., State v. Wood, No. CF-2008-44 (Blaine Cnty. Dist. Ct.). Petitioner promptly filed two pro se motions in the trial court seeking to appeal his conviction and sentence. See Pet'r's Ex. 2 (Doc. No. 4-2) at 2-4, Pro Se Mots. filed Oct. 19 and 20, 2010, State v. Wood, No. CF-2008-44 (Blaine Cnty. Dist. Ct.). Petitioner alleged that he "never murdered" anyone and that he "fe[lt] . . . coerced into agreeing to the blind plea" because he was medicated and he feared being sentenced to death if he went to trial. See id. The district court construed Petitioner's filings as motions to withdraw his guilty plea and appointed new counsel to represent Petitioner at an evidentiary hearing.4 See Pet'r's Ex. 8 (Doc. No. 4-8) at 11-13, Order Den. Mot. to Withdraw Guilty Plea, State v. Wood, No. CF-2008-44 (Blaine Cnty. Dist. Ct. June 14, 2011). At the hearing on the motions, the judge found that Petitioner "failed to present sufficient evidence for the Court to grant his request" to withdraw the guilty plea, which the court found to be "free and voluntary" and otherwise "entered validly" by Petitioner. Mot. Hr'g Tr. 45. The district court denied Petitioner's motions in a written order the next day. See Order Den. Mot. to Withdraw Guilty Plea at 12.
Petitioner, represented by new court-appointed counsel, next filed a petition for writ of certiorari in the OCCA. See generally Pet'r's OCCA Br. at 1-51. His brief raised five grounds for relief under both federal and state law:
See id. at 25-30, 31-34, 35-39, 39-48, 48-49. Petitioner asked the OCCA to issue a writ of certiorari allowing him to withdraw his guilty plea and proceed to trial on the first-degree murder charge or to have his sentence favorably modified, or that he receive another hearing on his request to withdraw his plea. See id. at 49.
The OCCA affirmed Petitioner's conviction and sentence in an opinion entered November 29, 2012. OCCA Op. Den. Cert. at 1, 12. Petitioner's conviction became final for federal habeas purposes 90 days later, when Petitioner's time for filing a petition for a writ of certiorari in the United States Supreme Court expired. See Pet. at 5;...
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