Clark v. Noeth
Opinion of the Court
Petitioner, Jason Clark, has filed a pro se petition for a writ of habeas corpus, pursuant to
FACTUAL BACKGROUND
Clark was charged by a grand jury with one count of second-degree murder. After *371a jury trial, he was convicted and sentenced to an indeterminate prison term of 25 years to life, in 2010. On appeal, the Appellate Division, Fourth Department, unanimously affirmed, and the New York Court of Appeals denied leave to appeal.
Clark filed a habeas petition in this Court in April 2018. In his petition, Clark asserts three grounds for relief, but says only, "See State Appeal brief" as to each of them.
In his state appellate brief, Clark raised four grounds for relief: (1) the trial court erred in denying his request for an expert and an investigator; (2) the evidence was legally insufficient and the verdict was against the weight of the evidence; (3) the sentence was harsh and excessive; and (4) the trial court erred in holding the charge conference off the record and in chambers. (Dkt. # 7-1 at 4.) Rather than guess which three of the four grounds Clark presented in the state court are the three that he relies on now, the Court will address all four of those grounds.
DISCUSSION
Clark's contentions in support of his habeas claim can be easily disposed of. As stated, all he has done is reiterate the arguments that he presented in the state courts. None of those grounds provide a basis for federal habeas relief.
At the outset, several principles must be kept in mind. First, in reviewing state criminal convictions in federal habeas corpus proceedings, a federal court does not sit as a super-state appellate court. See Estelle v. McGuire ,
A separate but related consideration is that "[f]ederal habeas corpus is a backstop. It lets federal courts review the merits of federal claims in state criminal cases. But federal courts do not sit to review state law. So federal courts will not review federal claims when the state court's decisions are supported by a state-law reason, an 'independent and adequate state ground[ ].' " Richardson v. Superintendent Coal Township SCI ,
Third, the habeas statute,
Turning to Clark's first ground for relief, relating to the trial court's denial of his request for an expert and/or an investigator, the Appellate Division upheld the trial court's ruling on the ground that Clark had "failed to establish that such services were necessary to his defense,"
Clark's arguments concerning the weight or sufficiency of the evidence are also meritless. It is well established that a "weight of the evidence" claim does not provide a basis for federal habeas relief. See Ward v. Herbert ,
Clark's contention that his sentence was unduly harsh or excessive likewise fails. Clark has not identified any federal constitutional violation in this regard, "which is the core predicate for habeas relief." Parker v. Evans ,
Clark's final ground for relief, that the trial court erred in holding an off-the-record charge conference in chambers, warrants little comment. As the Appellate Division noted, Clark failed to show any error or prejudice in this regard (Clark did not object to the trial court's jury charge as given), and he certainly has not shown how this implicated his federal constitutional rights.
CONCLUSION
For all of the reasons stated above, there is no basis to grant the petition for habeas corpus relief. Therefore, the petition for a writ of habeas corpus (Dkt. # 1), is DENIED. The Court also denies issuance of a certificate of appealability because petitioner has failed to make a substantial showing of the denial of any constitutional right.
IT IS SO ORDERED.
Clark's brief on appeal in state court was filed in November 2015. It is not apparent from the record why there was such a long gap between Clark's conviction and his appeal, but that does not appear to be material to his present petition.
Reference
- Full Case Name
- Jason CLARK v. Joseph NOETH
- Cited By
- 10 cases
- Status
- Published