Guerrero v. Lamanna
Guerrero v. Lamanna
Opinion of the Court
The petitioner, Lerio Guerrero, brings this pro se petition for a writ of habeas *480corpus pursuant to
For the reasons explained below, the petition for a writ of habeas corpus is denied.
I.
The following is a summary of the relevant facts. On November 8, 1998, a woman was attacked by a man as she was entering her apartment in the Lower East Side of Manhattan. Holding a piece of broken glass to the victim's throat, the man raped and sodomized her. State Court Record ("S.R.") at 200. He then stole her wallet, took her to an ATM and forced her to withdraw money. S.R. at 200. The victim escaped and was brought to a hospital, where a rape kit was prepared. S.R. at 200. The police recovered the attacker's blood from the victim's coat, as well as an impression left on the ATM receipt by the joint area of a right index finger. Six usable fingerprints were also recovered from the crime scene. S.R. at 201. The police were also able to isolate the attacker's DNA profile from the rape kit. S.R. at 202.
The New York City Police Department ("NYPD") conducted an extensive investigation into the incident in an attempt to find the attacker. S.R. at 201. However, the usable fingerprints yielded no match in the State ID system. Other avenues pursued by the police, such as canvassing the area, having the victim review mugshots, and distributing surveillance video to the public, were unsuccessful. S.R. at 201-202. The attacker was not found and the case was closed in July, 1999, when it was determined that all leads had been exhausted. S.R. at 202.
On April 13, 2005, a New York County grand jury, using the DNA profile obtained during the police investigation, charged the attacker by DNA indictment with rape in the first degree, two counts of sodomy in the first degree, burglary in the first degree, two counts of robbery in the first degree, and attempted robbery in the first degree. S.R. at 203.
In May 2011, while questioning the petitioner concerning an unrelated rape, investigators recovered his DNA from a cigarette he smoked during the interrogation and left in the police station. S.R. at 203. The DNA profile taken from the cigarette butt matched the DNA profile of the attacker who committed the 1998 rape. S.R. at 203. The finger joint impression taken from the crime scene was also matched to the petitioner. S.R. at 203.
On June 9, 2011, the 2005 indictment was amended to replace the identifying DNA profile with the petitioner's name. S.R. at 203-204. The petitioner was arrested on the amended indictment soon afterwards. S.R. at 9. On July 25, 2011, the petitioner filed a motion to dismiss the indictment on the grounds of insufficiency, improper amendment, and as a violation of the statute of limitations and the right to a speedy trial. S.R. at 60. On October 25, 2011, the motion was denied by the New York State Supreme Court. S.R. at 171. On October 9, 2012, the petitioner pleaded guilty to all counts of the indictment and executed a waiver of appellate rights. S.R. at 180-189. The petitioner was sentenced on October 23, 2012 to seven concurrent *481terms of fifteen years of incarceration. S.R. at 35-36.
The petitioner appealed to the Appellate Division, First Department, claiming that the indictment and subsequent amendment violated several provisions of the State and Federal Constitutions and alleging several state statutory claims. People v. Guerrero,
The petitioner was granted leave to appeal to the Court of Appeals. The Court of Appeals affirmed over a lone dissent, explaining that New York law provides that only those claims involving "jurisdictional defects" or "rights of a constitutional dimension that go to the very heart of the process" may survive a guilty plea. People v. Guerrero,
On February 28, 2017, the petitioner filed his petition for habeas corpus before this court, pursuant to
These claims can generally be categorized into three groups. First, the petitioner makes claims suggesting that the indictment process was deficient and that the statute of limitations was circumvented through the delayed process of amending the indictment (Claims 1-6). Second, the petitioner argues that the delay between the incident and the amendment of the indictment violated his speedy trial rights *482under the Fifth and Sixth Amendments (Claim 7). Lastly, Guerrero contends that his constitutional right to due process was violated by the cumulative effect of the errors made by the state trial court.
The Court will address each category of claims in turn.
II.
The respondent argues that the petitioner's claims relating to the Doe indictment and the statute of limitations must be dismissed.
A.
First, the respondent argues that the petitioner's claims relating to the indictment and state statute of limitations are not cognizable under federal habeas relief because the state court rejected those claims on an independent and adequate state ground.
Federal courts "will not review a question of federal law decided by a state court if the decision of that court rests on a state law ground that is independent of the federal question and adequate to support the judgment." Coleman v. Thompson,
New York state courts have long held that a defendant who pleads guilty forfeits all claims relating to deprivations of rights from before the plea was entered, other than those that are either "jurisdictional" or of a "constitutional dimension that go to the very heart of the process (such as the constitutional speedy trial right, the protection against double jeopardy or a defendant's competency to stand trial)." People v. Hanson,
Relying on this firmly established precedent, the Court of Appeals held that the petitioner waived his claims regarding the indictment and statute of limitations by pleading guilty and executing a waiver of appellate rights. Guerrero II,
There are two limited exceptions to the independent and adequate state law doctrine that can prevent the claims from being defaulted. Neither exception applies here. First, if the failure to consider the claim will result in a fundamental miscarriage of justice, then the Court can review the state court judgment. Harris v. Reed,
Therefore, the state court dismissed the petitioner's claims relating to the indictment and the statute of limitations on an independent and adequate state law ground. This Court is thus barred from granting federal habeas relief because the petitioner failed to meet a state procedural requirement.
B.
The respondent argues, in the alternative, that the petitioner's indictment and statute of limitations related claims are unreviewable by this Court because they are claims brought under state law.
The role of federal courts reviewing habeas petitions is not to re-examine the determinations of state courts on state law issues, but only to examine federal constitutional or statutory claims.
In this case, the indictment and statute of limitations related claims allege violations of the state law constitution and state statutes. On direct appeal, the defendant relied on a provision of the New York State Constitution as well as various state statutes to set forth his claims regarding his indictment and the statute of limitations. See S.R. at 441-451 (citing N.Y.S. Constitution Art. I § 5 (indictment by grand jury); CPL § 190.65.(1) (sufficiency of indictments); CPL § 200.70(2)(b)
*484(amendments to indictments); CPL § 30.10 (statute of limitations) ).
Thus, these claims sought to vindicate rights which exist under New York State's Constitution and statutes. See DiGuglielmo,
C.
Lastly, the respondents argue that, even if the state law claims were cognizable in a federal habeas petition, they would, in any event, be barred under federal law by the petitioner's guilty plea.
The Supreme Court ruled in Tollett v. Henderson,
III.
Next, the petitioner claims that the delayed prosecution in this case violated his right to a speedy trial under the Fifth and Sixth Amendments to the United States Constitution. The claim is that the cumulative delay of almost thirteen years between the November 8, 1998 assault and the amendment of the indictment on June 9, 2011 violated his speedy trial rights under the Constitution. The respondent argues that the New York State courts reasonably denied this claim on the merits, and the pre-trial delay did not violate the petitioner's rights under the Constitution due to the nature of the delay, and lack of prejudice to the petitioner.
Pursuant to the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), a federal court may grant habeas corpus relief to a state prisoner on a claim that was adjudicated on the merits in state court only if it concludes that the state court's decision "was contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the Supreme Court of the United States" or "was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding."
*485A.
The delay between the date of the crime (November 8, 1998) and the date of the DNA indictment (April 13, 2005) implicates the petitioner's Fifth Amendment rights. S.R. at 7, 9. A federal constitutional right to a speedy trial exists in some limited circumstances under the Due Process Clause of the Fifth Amendment. United States v. Lovasco,
The state courts reasonably applied this law when they found that the petitioner was unable to establish prejudice in this case. Guerrero II,
Accordingly, the state courts applied federal law reasonably in ruling that the petitioner's Fifth Amendment due process rights were not impaired by the pre-indictment delay, because the defendant suffered no prejudice from the delay.
B.
The six-year delay between the date of the original indictment (April 13, 2005) and the date of the amendment of the indictment naming the petitioner (June 9, 2011) implicates the petitioner's Sixth Amendment right to a speedy trial. S.R. at 9. Federal law states, "Although delay prior to arrest or indictment may give rise to a due process claim under the Fifth Amendment, ... no Sixth Amendment right to a speedy trial arises until charges are pending." United States v. MacDonald,
The Supreme Court set forth the test for determining when a Sixth Amendment right has been violated in Barker v. Wingo,
The state courts applied federal law reasonably in ruling that the petitioner's speedy trial rights under the Sixth Amendment were not impaired by the delay between indictment and arrest.
*486Guerrero II,
While the state courts did not address the other Barker factors, an analysis of all of the factors confirms that the state courts' decision to deny relief was reasonable. In this case, the length of the delay -- six years -- weighs in favor of the petitioner. However, the length of the delay is primarily a triggering mechanism, and is not dispositive of the merits of the claim. Barker,
Prejudice to the petitioner is the fourth Barker factor, and it weighs heavily against him. There has been no prejudice shown in this case and the record shows no attempt to demonstrate prejudice. In assessing prejudice, Barker lays out three interests of the defendant to consider: (i) "prevent[ing] oppressive pretrial incarceration," (ii) "minimiz[ing] anxiety and concern of the accused," and (iii) "limit[ing] the possibility that the defense will be impaired." Id. at 532,
IV.
Although not clear from his papers, the petitioner also apparently argues that the cumulative effect of many trial-court errors deprived him of due process of law.
However, the state courts found not only that these claims were waived by the guilty plea, but also that the underlying indictment, and its subsequent amendment, were valid. There is no indication that there were any cognizable state law errors which cumulatively denied the petitioner *487due process. Objections to the legal sufficiency of the indictment and its amendment were waived under state law. Guerrero II,
CONCLUSION
For the reasons explained above, the petition for a writ of habeas corpus pursuant to
SO ORDERED.
The respondent, in reading the petition and state court record generously, suggests that the petitioner raised an ex post facto claim that the prosecution used the wrong statute of limitations. Resp't Br., 10. Such a claim is not made on the face of the petition and is therefore not properly before this Court. To the extent that the petitioner attempted to raise such a claim, the Court of Appeals decided that the claim did not survive the petitioner's guilty plea and was not properly before the court. Guerrero II,
Alleged defects in the indictment would also not be cognizable on a petition for habeas corpus because there is no federal constitutional right to an indictment in a state court criminal case. See U.S. ex rel. Curtis v. Warden of Green Haven Prison,
While the state courts' analyses of this claim was brief, this Court must assume that the state court considered all of the arguments and decided the federal claim on the merits. Harrington v. Richter,
Reference
- Full Case Name
- Lerio GUERRERO v. Jamie LAMANNA
- Cited By
- 15 cases
- Status
- Published