Edmonds v. Lawler
Edmonds v. Lawler
Opinion of the Court
MEMORANDUM OPINION
Petitioner seeks relief in this Court pursuant to 28 U.S.C. § 2254, arguing that his state-court conviction was imposed in violation of the United States Constitution.
I.PROCEDURAL HISTORY
Petitioner is serving a sentence of life imprisonment after being convicted in a non-jury trial in the Delaware County Court of Common Pleas. The conviction was affirmed on direct appeal, and the Pennsylvania Supreme Court denied review. Petitioner filed a timely petition pursuant to Pennsylvania’s Post-Conviction Relief Act (“PCRA”) and counsel was appointed. Counsel filed a letter attesting that there were no meritorious issues, and was permitted to withdraw. The PCRA court denied relief, and the Pennsylvania Superior Court affirmed. The Pennsylvania Supreme Court denied relief.
Petitioner then filed his Petition in this Court.' Magistrate Judge Wells issued a Report and Recommendation (“R&R”) on May 22, 2009, recommending that the claims be denied or dismissed without a hearing. The R&R concluded that Petitioner’s claim that his PCRA counsel was ineffective for failing to raise claims of ineffective trial counsel was not cognizable, and that the claims of ineffective assistance of trial counsel were procedurally defaulted as they were not raised in the PCRA proceeding. The R&R concluded that the claims that were not procedurally defaulted were without merit.
At Petitioner’s request, the Court then stayed this federal action while Petitioner pursued a second PCRA petition in state court. That petition eventually was dismissed as untimely; a decision affirmed by the Superior Court.
II. LEGAL STANDARD
The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), governs petitions such as the one before this Court. Under the AEDPA, “a district court shall entertain an application for writ' of habeas corpus [filed on] behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or the laws or treaties of the United States.”
III. DISCUSSION
Generally, “[t]he ineffectiveness or incompetence of counsel during Federal or State collateral post-conviction proceedings shall not be a ground for relief in a proceeding arising under section 2254.”
Ineffective assistance of counsel claims are evaluated pursuant to the two-pronged test established by the Supreme Court in Strickland v. Washington.
Petitioner was convicted of the murder of an elderly woman who lived alone in an apartment in Chester, where police found her remains in the bathroom on September 18, 2000. The victim had been dead for some time as a result of multiple blunt force injuries to the head. The doors to the bathroom and the apartment had been sealed with duct tape, a pillow had been taped in front of the bathroom door, and efforts to clean the bathroom or obscure any evidence had been made. A palm print identified as Petitioner’s was found at the scene but Petitioner denied he had ever been in the victim’s apartment. Petitioner had lived several doors away from the victim in the same apartment building; although he had been evicted in April 2000, he continued to squat in the apartment until September 16, 2000, when he moved to Philadelphia. The duct tape was similar
Petitioner argues that trial counsel was ineffective for 1) failing to object to the Commonwealth’s reinstitution of a charge of burglary that had been dismissed during the preliminary hearing for lack of evidence; 2) failing to advance claims that Petitioner did not knowing and competently sign uncounseled waivers to give statements and fingerprints during interrogations conducted in 2000 and 2002; 3) failing to adequately investigate Petitioner’s mental health history; 4) failing to investigate or argue as exculpatory evidence a shoe print found at the crime scene; 5) failing to argue that the three-week range in which death may have occurred prevented Petitioner from preparing an alibi defense; 6) using “boilerplate” and insufficient arguments; and 7) failing to preserve these issues for appeal.
Upon careful review of the state-court record, the Court concludes that counsel did challenge the burglary charge (even if not on the same grounds urged by Petitioner), moved to suppress the evidence obtained as a result of the interrogations (resulting in a multi-day suppression hearing), and argued the evidence of the shoe print. Counsel also successfully obtained funds to hire a fingerprint expert to challenge the evidence of the palm print. These issues all were raised on appeal. On these claims, the record fails to support an argument that counsel’s performance fell below an effective level of representation.
The fact that the medical examiner could not determine with any certainty when the murder occurred, other than a “very rough estimation” of two to three weeks before the body was discovered,
The Court finds no evidence in the state-court record that there were any concerns with regard to Petitioner’s competency to stand trial. At the start of trial, Plaintiff signed a written colloquy concerning the waiver of a jury trial, initialing the paragraph stating that there were . no “physical emotional or mental problems which affect my ability to understand what I am doing today, the rights which I have and the rights which I am giving up by waiving a jury trial.”
Petitioner still has not alleged that counsel had any basis to investigate his mental-health background; even if there were such a basis, Petitioner has alleged no prejudice. Nothing in the trial record gives any suggestion that Petitioner was unable to understand the proceedings and assist in his defense, and Petitioner has not alleged differently. Nor has Petitioner alleged that any evidence of his mental-health treatment would have had an effect on the trial. The theory of the case was that Petitioner had not committed the murder and the evidence against him was circumstantial. To assert a defense to first-degree murder based on the “extremely limited defense” of diminished capacity
Because Petitioner has not made a substantial showing of the denial of a constitutional right, a certificate of appealability will not issue. There is no basis for concluding that “reasonable jurists could debate whether... the petition should have been resolved in a different manner or that the issues presented were adequate to deserve encouragement to proceed further.”
. Doc. No. 37 (attaching Superior Court opinion). Petitioner did not seek leave to appeal this determination to the Pennsylvania Supreme Court.
. 28 U.S.C. § 2254(a).
. 28 U.S.C. § 636(b)(1).
. 28 U.S.C. § 2254(i).
. See Martinez v. Ryan, — U.S. ——, 132 S.Ct. 1309, 1315-21, 182 L.Ed.2d 272 (2012).
. Id., 132 S.Ct. at 1320.
. 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674(1984).
. Id. at 687, 104 S.Ct. 2052.
. Id. at 690, 104 S.Ct. 2052.
. Lewis v. Horn, 581 F.3d 92, 106-07 (3d Cir. 2009).
. Singletary v. Blaine, 89 Fed.Appx. 790, 794 (3d Cir. 2004) (citing Moore v. Deputy Comm'r of SCI-Huntingdon, 946 F.2d 236, 245 (3d Cir. 1991)).
. Strickland, 466 U.S. at 694, 104 S.Ct. 2052.
. Tr. Nov. 19, 2003 at 31.
. Waiver of Jury Trial dated November 18, 2003.
.Tr. Nov. 18, 2003 at 7.
. Doc. No. 25-1 at 9.
. Dóc. No. 25-1 at 12.
. Jacobs v. Horn, 395 F.3d 92, 102 (3d Cir. 2005) (quoting Commonwealth v. Cuevas, 574 Pa. 409, 832 A.2d 388, 393 (2003) (internal . quotation marks omitted)).
. Id. (internal citations omitted).
. See Rompilla v. Beard, 545 U.S. 374, 125 S.Ct. 2456, 162 L.Ed.2d 360 (2005) (holding that counsel's failure to investigate the defendant’s mental health and other evidence required a new trial at the penalty phase or a sentence of life imprisonment; it did not affect the validity of the defendant’s murder conviction).
. Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000) (internal citation omitted).
Reference
- Full Case Name
- Darryl EDMONDS v. Robert LAWLER
- Status
- Published