Eason v. Schnell

U.S. District Court, District of Minnesota

Eason v. Schnell

Trial Court Opinion

             UNITED STATES DISTRICT COURT                            
                DISTRICT OF MINNESOTA                                


Jamil Joshua Eason,                    File No. 22-cv-1331 (ECT/DJF)      

     Petitioner,                                                     

v.                                   ORDER ACCEPTING REPORT               
                                  AND RECOMMENDATION                 
Commissioner Paul Schnell,                                                

     Respondent.                                                     
________________________________________________________________________  
Petitioner Jamil Joshua Eason commenced this action by filing a petition for a writ 
of  habeas  corpus.    ECF  No.  1.    The  case  is  before  the  Court  on  a  Report  and 
Recommendation [ECF No. 16] issued by Magistrate Judge Dulce J. Foster.  Magistrate 
Judge Foster recommends denying Eason’s petition.  R. & R. at 15.  Mr. Eason filed 
objections to the Report and Recommendation.  ECF No. 17.  Because Mr. Eason has 
objected the Court is required to review the Report and Recommendation de novo pursuant 
to 
28 U.S.C. § 636
(b)(1) and Local Rule 72.2(b)(3).                       
The Court has undertaken that de novo review and concludes that Magistrate Judge 
Foster’s analysis and conclusions are correct.  Mr. Eason’s objections warrant additional 
comment in one particular respect.  Magistrate Judge Foster concluded that a reasonable 
interpretation  of  Missouri  v.  Frye’s  “admonition  against  allowing  an  offer  to  expire 
‘without advising the defendant’ is that defense counsel must ‘advise’ the defendant of the 
existence of the plea offer and its terms—the core question at issue in that case.”  R. & R. 
at 10 (citing Missouri v. Frye, 
566 U.S. 134
 (2012)).  In doing so, Magistrate Judge Foster 
cited one definition of “advise” from the Merriam-Webster Dictionary.  
Id.
 (citing Advise, 
Merriam-Webster, https://www.merriam-webster.com/dictionary/advise (providing as one 
definition of “advise”: “to give information or notice to”) (accessed on June 7, 2023)).  In 

his objections, Mr. Eason quotes a different Merriam-Webster definition of “advise”: “to 
give (someone) a recommendation about what should be done.”  ECF No. 17 at 10.  He 
argues that Magistrate Judge Foster ignored this second definition.  I understand Magistrate 
Judge Foster’s citation to the first definition to be illustrative of the Minnesota Supreme 
Court’s interpretation of Frye.  See Eason v. State, 
950 N.W.2d 258
, 267–71 (Minn. 

2020).   In  other  words,  that  another  definition  exists  does  not  answer  whether  the 
Minnesota Supreme Court’s decision is contrary to or an unreasonable application of 
Strickland or Frye.  As the Minnesota Supreme Court explained:            
     The  record  here  shows  that  Eason’s  counsel  thoroughly    
     discussed the implications and consequences of the original     
     plea offer with Eason.  The final offer for a fixed number of   
     months under the same terms as the State’s initial offer—made   
     in Eason’s presence—contained no nuance to further explain.     
     This  offer  came  after  Eason  had  already  rejected  a  more 
     favorable plea bargain with that same number as the high        
     range, and had asked his counsel to negotiate a range with a    
     lower bottom number.  As defense counsel testified at the       
     postconviction hearing, “You know, he—we rejected the 420       
     to 480, maybe we thought that he would reject the 480 and       
     without discussion.”                                            

     Under these circumstances, where Eason knew of both plea        
     offers,  was  thoroughly  counseled  about  the  first  offer  and 
     rejected  it,  and  defense  counsel  continued  to  zealously  
     advocate for him to receive that potentially better offer, the  
     district court correctly concluded that Eason failed to meet his 
     burden of showing that his attorneys’ conduct fell below an     
     objective standard of reasonableness.                           
Id.
 at 270–71.  On different facts, more might be required to meet Strickland and Frye.  The 
Minnesota Supreme Court’s understanding and application of Strickland and Frye to this 
case’s facts was neither contrary to these cases nor unreasonable in some respect. 

Therefore, based on all the files, records, and proceedings in the above-captioned 
matters, IT IS ORDERED THAT:                                              
1.   The  Objections  to  the  Report  and  Recommendation  [ECF  No.  17]  are 
OVERRULED;                                                                
2.   The Report and Recommendation [ECF No. 16] is ACCEPTED in full;  

3.   Petitioner Jamil Joshua Eason’s Petition for a Writ of Habeas Corpus [ECF 
No. 1] is DENIED;                                                         
4.   This matter is DISMISSED WITH PREJUDICE.                        
       LET JUDGMENT BE ENTERED ACCORDINGLY.                          


Dated:  January 9, 2024       s/ Eric C. Tostrud                          
                         Eric C. Tostrud                             
                         United States District Court                

Trial Court Opinion

             UNITED STATES DISTRICT COURT                            
                DISTRICT OF MINNESOTA                                


Jamil Joshua Eason,                    File No. 22-cv-1331 (ECT/DJF)      

     Petitioner,                                                     

v.                                   ORDER ACCEPTING REPORT               
                                  AND RECOMMENDATION                 
Commissioner Paul Schnell,                                                

     Respondent.                                                     
________________________________________________________________________  
Petitioner Jamil Joshua Eason commenced this action by filing a petition for a writ 
of  habeas  corpus.    ECF  No.  1.    The  case  is  before  the  Court  on  a  Report  and 
Recommendation [ECF No. 16] issued by Magistrate Judge Dulce J. Foster.  Magistrate 
Judge Foster recommends denying Eason’s petition.  R. & R. at 15.  Mr. Eason filed 
objections to the Report and Recommendation.  ECF No. 17.  Because Mr. Eason has 
objected the Court is required to review the Report and Recommendation de novo pursuant 
to 
28 U.S.C. § 636
(b)(1) and Local Rule 72.2(b)(3).                       
The Court has undertaken that de novo review and concludes that Magistrate Judge 
Foster’s analysis and conclusions are correct.  Mr. Eason’s objections warrant additional 
comment in one particular respect.  Magistrate Judge Foster concluded that a reasonable 
interpretation  of  Missouri  v.  Frye’s  “admonition  against  allowing  an  offer  to  expire 
‘without advising the defendant’ is that defense counsel must ‘advise’ the defendant of the 
existence of the plea offer and its terms—the core question at issue in that case.”  R. & R. 
at 10 (citing Missouri v. Frye, 
566 U.S. 134
 (2012)).  In doing so, Magistrate Judge Foster 
cited one definition of “advise” from the Merriam-Webster Dictionary.  
Id.
 (citing Advise, 
Merriam-Webster, https://www.merriam-webster.com/dictionary/advise (providing as one 
definition of “advise”: “to give information or notice to”) (accessed on June 7, 2023)).  In 

his objections, Mr. Eason quotes a different Merriam-Webster definition of “advise”: “to 
give (someone) a recommendation about what should be done.”  ECF No. 17 at 10.  He 
argues that Magistrate Judge Foster ignored this second definition.  I understand Magistrate 
Judge Foster’s citation to the first definition to be illustrative of the Minnesota Supreme 
Court’s interpretation of Frye.  See Eason v. State, 
950 N.W.2d 258
, 267–71 (Minn. 

2020).   In  other  words,  that  another  definition  exists  does  not  answer  whether  the 
Minnesota Supreme Court’s decision is contrary to or an unreasonable application of 
Strickland or Frye.  As the Minnesota Supreme Court explained:            
     The  record  here  shows  that  Eason’s  counsel  thoroughly    
     discussed the implications and consequences of the original     
     plea offer with Eason.  The final offer for a fixed number of   
     months under the same terms as the State’s initial offer—made   
     in Eason’s presence—contained no nuance to further explain.     
     This  offer  came  after  Eason  had  already  rejected  a  more 
     favorable plea bargain with that same number as the high        
     range, and had asked his counsel to negotiate a range with a    
     lower bottom number.  As defense counsel testified at the       
     postconviction hearing, “You know, he—we rejected the 420       
     to 480, maybe we thought that he would reject the 480 and       
     without discussion.”                                            

     Under these circumstances, where Eason knew of both plea        
     offers,  was  thoroughly  counseled  about  the  first  offer  and 
     rejected  it,  and  defense  counsel  continued  to  zealously  
     advocate for him to receive that potentially better offer, the  
     district court correctly concluded that Eason failed to meet his 
     burden of showing that his attorneys’ conduct fell below an     
     objective standard of reasonableness.                           
Id.
 at 270–71.  On different facts, more might be required to meet Strickland and Frye.  The 
Minnesota Supreme Court’s understanding and application of Strickland and Frye to this 
case’s facts was neither contrary to these cases nor unreasonable in some respect. 

Therefore, based on all the files, records, and proceedings in the above-captioned 
matters, IT IS ORDERED THAT:                                              
1.   The  Objections  to  the  Report  and  Recommendation  [ECF  No.  17]  are 
OVERRULED;                                                                
2.   The Report and Recommendation [ECF No. 16] is ACCEPTED in full;  

3.   Petitioner Jamil Joshua Eason’s Petition for a Writ of Habeas Corpus [ECF 
No. 1] is DENIED;                                                         
4.   This matter is DISMISSED WITH PREJUDICE.                        
       LET JUDGMENT BE ENTERED ACCORDINGLY.                          


Dated:  January 9, 2024       s/ Eric C. Tostrud                          
                         Eric C. Tostrud                             
                         United States District Court                

Reference

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