Yates v. Wachtendorf
Decision Date | 05 November 2019 |
Docket Number | No. C17-4059-LTS,C17-4059-LTS |
Citation | 418 F.Supp.3d 376 |
Parties | Duane Luverne YATES, Petitioner, v. Warden Patty WACHTENDORF, Respondent. |
Court | U.S. District Court — Northern District of Iowa |
Rockne Cole, Iowa City, IA, for Petitioner.
William A. Hill, Benjamin Milton Parrott, Department of Justice, Aaron James Rogers, Iowa Attorney General's Office, Des Moines, IA, for Respondent.
II. FACTUAL BACKGROUND AND PROCEDURAL HISTORY...381
A. The Conviction...381
B. PCR-1...383
C. PCR-3...386
E. PCR-4...388
F. PCR-5...388
G. Yates' Other Federal Cases...388
H. The Present Petition...389
III. MOTION TO STRIKE YATES' PRO SE SUPPLEMENTAL BRIEF...390
IV. MOTION TO DISMISS STANDARDS...391
A. Habeas Corpus Standards...392
B. Statute of Limitations...392
VI. CERTIFICATE OF APPEALABILITY...401
I. INTRODUCTION
This matter is before me on two motions. The first is respondent Patty Wachtendorf's motion (Doc. No. 16) to dismiss Duane Yates' § 2254 petition (Doc. No. 1), arguing the petition is untimely and contains allegations that were not properly exhausted. Yates has filed a resistance (Doc. No. 32) and Wachtendorf has filed a reply (Doc. No. 35). On April 5, 2019, I held a hearing on the motion. See Doc. No. 65. Wachtendorf filed a supplemental brief following the hearing. Doc. No. 76. Yates filed a supplemental brief through his counsel (Doc. No. 77-1) as well as a pro se supplemental brief (Doc. No. 77-2). Wachtendorf waived the filing of a supplemental reply brief. Doc. No. 83.
The second motion is Wachtendorf's motion (Doc. No. 78) to strike and seal Yates' pro se supplemental brief (Doc. No. 77-2). Yates has filed a resistance. Doc. No. 79. I previously granted the motion to seal and reserved ruling on the motion to strike. Doc. No. 80.
II. FACTUAL BACKGROUND AND PROCEDURAL HISTORY
A. The Conviction
In August 2002, Yates was convicted of one count of sexual abuse in the second degree in violation of Iowa Code § 709.3(2) (2001). State v. Yates , No. 02-1681, 2003 WL 22697964, at *1 (Iowa Ct. App. Nov. 17, 2003). The Iowa Court of Appeals summarized the facts and trial proceedings of the state conviction as follows:
Id. at *1–2. The trial court applied a mandatory enhancement to Yates' sentence because he had been previously convicted of a sexually predatory offense. See State v. Yates , No. 12-2273, 2014 WL 2600212, at *1 (Iowa Ct. App. June 11, 2014). This raised Yates' term of imprisonment from 25 years to 50 years. See id.
Yates appealed.1 Yates , 2003 WL 22697964, at *2. He argued that his trial counsel was ineffective for failing to conduct any meaningful cross-examination of A.D. and for failing to request a mistrial or to strike the testimony of J.R. after the court granted his motion for judgment of acquittal on Counts II and III. Id. He further argued the trial court committed error in allowing the State to use a prior criminal conviction to impeach him. Id. On November 17, 2003, the Iowa Court of Appeals affirmed the trial court on the evidentiary issue and deferred Yates' arguments regarding ineffective assistance of counsel for postconviction relief (PCR) proceedings. Id. at *4. The Iowa Supreme Court declined further review on February 6, 2004. See Doc. No. 32-1 at 3; Doc. No. 76 at 7.
After the conclusion of direct appeal, Yates continued to file various motions in his criminal case that were denied by the trial court. See, e.g. , Motion for Reconsideration of Sentencing and Resentencing, State v. Yates , No. FECR050208 (Iowa Dist. Ct. Woodbury Cty. June 16, 2006); Motion to Vacate Judgment, State v. Yates , No. FECR050208 (Iowa Dist. Ct. Woodbury Cty. Mar. 13, 2008); Motion to Void Judgment on Newly Discovered Evidence, State v. Yates , No. FECR050208 (Iowa Dist. Ct. Woodbury Cty. Jan. 12, 2011); Motion for New Trial and Review of Facts After the Verdict, State v. Yates , No. FECR050208 (Iowa Dist. Ct. Woodbury Cty. Mar. 20, 2013); Motion to Correct an Illegal Sentence, State v. Yates , No. FECR050208 (Iowa Dist. Ct. Woodbury Cty. Oct. 18, 2017). Yates also filed a petition for writ of certiorari with the United States Supreme Court. See Doc. No. 16-1 at 4. The Supreme Court denied the petition on October 1, 2007. Yates v. Iowa , 552 U.S. 869, 128 S.Ct. 165, 169 L.Ed.2d 113 (2007). It is not clear from the record whether the petition related to the direct appeal or one of the later motions filed by Yates.
B. PCR-1
Yates filed his first PCR application on June 4, 2004. See Application, Yates v. State , No. PCCV129517 (Iowa Dist. Ct. Woodbury Cty. June 4, 2004). On July 2, 2004, Yates filed a second PCR application. See Application, Yates v. State , No. PCCV129697 (Iowa Dist. Ct. Woodbury Cty. July 2, 2004). In the two PCR applications, Yates contended he was entitled to relief because:
(1) the conviction or sentence violated the Constitution or otherwise violated...
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Daniels v. Iowa
...4:16-CV-530-JEG, 2017 WL 11478024, at *3 (S.D. Iowa Sept. 21, 2017) (citing 28 U.S.C. § 2244(d)(1)); see also Yates v. Wachtendorf, 418 F. Supp. 3d 376, 392-93 (N.D. Iowa 2019). Second, a petitioner must exhaust his federal claims in the state courts:A petitioner has exhausted his or her st......