Rollins v. Leonardo
Opinion of the Court
This appeal is from the denial of a petition for habeas corpus by the United States District Court for the Southern District of New York, Leonard B. Sand, Judge, reported at 733 F.Supp. 763 (S.D.N.Y. 1990). The facts are stated therein. Appellant, serving a state prison term of 8V2 to 25 years on two counts of rape and two counts of sodomy, and 4 to 12 years on one count of assault in the first degree, claims (1) that he was denied the right to effective assistance of counsel at trial; (2) that his mental competency to stand trial should have been examined; (3) that his right to remain silent under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), was violated. For the reasons below stated, we affirm the judgment of the district court.
Denial of right to effective assistance of counsel
Appellant has waived, or, rather, forfeited this claim by failing to raise it on direct appeal. Even though he has exhausted the claim by presenting it in his state coram nobis proceeding, under Wainwright v. Sykes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977), he has failed to demonstrate the requisite “cause” and “prejudice” for his omission. Id. at 84, 97 S.Ct. at 2505; see also Forman v. Smith, 633 F.2d 634, 638-43 (2d Cir. 1980), cert. denied, 450 U.S. 1001, 101 S.Ct. 1710, 68 L.Ed.2d 204 (1981). Harris v. Reed, 489 U.S. 255, 109 S.Ct. 1038, 103 L.Ed.2d 308 (1989), of course, held that “a procedural default does not bar consideration of a federal claim on either direct or habeas review unless the last state court rendering a judgment in the case clearly and expressly states that its judgment rests on a state procedural bar.” Id. at 263, 109 S.Ct. at 1043 (internal quotations omitted). As recently explained in Coleman v. Thompson, — U.S. -, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991), however, that presumption does not apply in “cases where the relevant state court decision does not fairly appear to rest primarily on federal law or to be interwoven with such law.” Id. — U.S. at -, 111 S.Ct. at 2559. In any event, the court in the state coram nobis proceeding, as Judge Sand carefully pointed out, 733 F.Supp. at 767, “clearly and expressly” stated that its judgment rested on a state
Mental capacity to stand trial should have been examined
Appellant’s second claim is that the trial court should have examined him for mental competency to stand trial under Drope v. Missouri, 420 U.S. 162, 95 S.Ct. 896, 43 L.Ed.2d 103 (1975), Pate v. Robinson, 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815 (1966), and N.Y.Crim.Proc.Law § 730.30 subd. 1 (McKinney 1984). He was, after all, an escapee from a Maine mental hospital at the time he had committed and was tried for his offenses. In addition, he was adjudicated mentally ill by the Maine Superior Court three months after his New York trial commenced.
Right to remain silent under Miranda v. Arizona
Judge Sand’s opinion more than adequately addresses appellant’s Miranda claim. 733 F.Supp. at 765-67. It is reinforced, however, by a case decided this term by the Supreme Court, Arizona v. Fulminante, — U.S. -, 111 S.Ct. 1246, 113 L.Ed.2d 302 (1991), which applied harmless error analysis to a coerced confession. Applying such analysis in a Miranda-violation context is much easier. Although the case from our circuit relied on by Judge Sand involved a McNabb-Mallory violation, United States v. Tucker, 415 F.2d 867 (2d Cir. 1969), cert. denied, 397 U.S. 955, 90 S.Ct. 986, 25 L.Ed.2d 139 (1970), several cases from other circuits, cited in Fulminante at footnote 6, have applied harmless error analysis to Miranda-violation confessions, e.g., Howard v. Pung, 862 F.2d 1348, 1351 (8th Cir. 1988), cert. denied, 492 U.S. 920, 109 S.Ct. 3247, 106 L.Ed.2d 593 (1989). We have no problem following them or with Judge Sand’s analysis here.
Judgment affirmed.
. Perhaps because appellant declined, post-conviction, to let his Maine hospital records be made available to the probation department and they are not in any way part of this record, his brief takes the rather surprising position that they "were essentially irrelevant.” Br. p. 21.
Reference
- Full Case Name
- Larry ROLLINS, also known as Donald Beauchene v. Arthur A. LEONARDO, Superintendent, Comstock Correctional Facility Robert Abrams, Attorney General of the State of New York
- Cited By
- 7 cases
- Status
- Published