Eric Greene v. Superintendent Smithfield SCI
Opinion
VANASKIE, Circuit Judge
*445
Eric Greene appeals from the denial of his motion to vacate the final judgment entered against him in his habeas corpus challenge to the validity of his 1996 state court conviction on charges of second degree murder, robbery, and conspiracy to commit robbery. At the core of this appeal is whether the failure to properly present to the state courts a claim that Greene's direct appeal counsel was ineffective can be excused on the ground that his postconviction counsel was ineffective in not pursuing the claim. After this appeal was filed, the Supreme Court answered this question in the negative, holding that "a federal court [may not] hear a substantial, but procedurally defaulted, claim of ineffective assistance of appellate counsel when a prisoner's state postconviction counsel provides ineffective assistance by failing to raise that claim."
Davila v. Davis
, --- U.S. ----,
I.
This is the second time Greene's habeas proceeding has been before us.
See
Greene v. Palakovich
,
During Greene's trial for murder, robbery, and conspiracy, the prosecution introduced the redacted confessions of two of Greene's nontestifying codefendants. After a jury returned a guilty verdict, Greene filed an appeal to the Pennsylvania Superior Court, arguing that the trial court's decision to admit the redacted confessions violated the rule announced in
Bruton v. United States
,
Here, Greene contends that appellate counsel rendered ineffective assistance when he failed to advise Greene that he had the right to petition the Supreme Court of the United States for a writ of certiorari following the Pennsylvania Supreme Court's summary dismissal of his appeal. In the briefing presented to the Commonwealth's High Court, Greene argued that
Gray v. Maryland
,
Greene's conviction became final on July 29, 1999, when the time for filing a certiorari petition expired. In August of 1999, Greene, proceeding
pro se
, filed a petition under the Pennsylvania Post Conviction Relief Act, ("PCRA"),
Greene appealed the dismissal of his PCRA petition to the Pennsylvania Superior Court. In affirming the dismissal, the Superior Court held that Greene's claims of ineffective trial and appellate counsel were "deemed waived" by virtue of Greene's failure to develop those claims "with any specificity." (
Id.
at 117.) On July 27, 2004, the Pennsylvania Supreme Court denied Greene's petition for allowance of appeal.
Commonwealth v. Trice
,
In November of 2004, Greene commenced this federal habeas corpus proceeding pursuant to
The Magistrate Judge assigned to Greene's case issued a comprehensive Report and Recommendation that concluded by proposing that the habeas petition be dismissed, but that a certificate of appealability be issued "with respect to [Greene's] Sixth Amendment Confrontation Clause claim concerning the redacted confessions of his codefendants...." (App. 64.) Pertinent to the matter now before us, the Magistrate Judge found that because the Pennsylvania Superior Court had concluded that Greene waived his ineffective assistance of trial and appellate counsel claims, they could not now be considered on federal habeas review, observing that Greene "has not argued that any cause and prejudice will excuse the default...." ( Id. ) Greene did not object to the Report and Recommendation. On April 2, 2007, the District Court adopted the Report and Recommendation, dismissed the habeas petition, and granted a certificate of appealability on the Confrontation Clause claim.
A divided panel of our Court rejected the Confrontation Clause claim and affirmed the dismissal of the habeas petition.
See
Palakovich
,
The United States Supreme Court thereafter granted Greene's petition for a writ of certiorari.
Greene v. Fisher
,
We must observe that Greene's predicament is an unusual one of his own creation. Before applying for federal habeas, he missed two opportunities to obtain relief under Gray : After the Pennsylvania Supreme Court dismissed his appeal, he did not file a petition for writ of certiorari from this Court, which would almost certainly have produced a remand in light of the intervening Gray decision.... Nor did Greene assert his Gray claim in a petition for state postconviction relief.
More than three years after the Supreme Court rejected Greene's reliance upon
Gray
to challenge the validity of his 1996 conviction, Greene, proceeding
pro se
, filed a motion pursuant to Rule 60(b)(6) of the Federal Rules of Civil Procedure to vacate the District Court Judgment entered on April 2, 2007.
4
Greene's motion sought to resurrect his defaulted IAAC claim on the strength of the Supreme Court's 2012 decision in
Martinez v. Ryan
,
By Order dated August 26, 2016, the District Court denied Greene's Rule 60 (b)(6) motion. In the course of a comprehensive Opinion accompanying the Order, the District Court summarized the following reasons for denying the Motion:
First, [Greene's] Motion constitutes an impermissible successive habeas petition. Second, Martinez ... does not apply to [Greene's] ineffective assistance of counsel claim. Finally, even if [Greene's] Motion did not constitute an impermissible successive habeas petition, and even if Martinez applied to provide "cause" for [Greene's] procedural default, the equitable factors warranting consideration under Rule 60(b) do not weigh in [Greene's] favor. 5
(App. 13.) Concluding that "there may be room for debate on the issues" addressed in its Opinion, the District Court issued a certificate of appealability. ( Id. at 30) This timely appeal followed.
II.
The District Court had jurisdiction pursuant to
III.
Greene must demonstrate "extraordinary circumstances" to obtain relief under Rule 60(b)(6). 7 Cox , 757 F.3d at 115. The "extraordinary circumstance" claimed by Greene is the holding in Martinez , decided after the judgment in his habeas proceedings concluded, which allowed a claim of ineffectiveness of postconviction counsel to serve as "cause" to allow an otherwise procedurally defaulted claim to be heard in federal court.
Greene's IAAC claim was not properly presented to the state courts, and is thus deemed to be procedurally defaulted for purposes of federal habeas corpus review. "[A] federal court may not review federal claims that were procedurally defaulted in state court...."
Davila
,
At the time Greene's habeas proceedings concluded with the Supreme Court's ruling in 2011, it was well settled that ineffective assistance of post-conviction counsel could not qualify as "cause" to excuse a procedural default.
Coleman
,
In his Rule 60(b)(6) motion, Greene relied upon Martinez to argue that PCRA counsel's failure to assert a claim of appellate counsel ineffectiveness constituted an "extraordinary circumstance" so as to warrant Rule 60(b)(6) relief. (Appellant's Br. at 37.) As support, Greene pointed to our decision in Cox , where we held that " Martinez , without more, does not entitle a habeas petitioner to Rule 60(b)(6) relief[,]" but that Martinez could support such a motion if other equitable considerations are present. 757 F.3d at 124-26.
Greene's reliance upon
Martinez
, however, is now foreclosed by
Davila
. There, the petitioner asked the Supreme Court to do precisely what Greene is asking us to do here, namely: "extend
Martinez
to allow a federal court to hear a substantial, but procedurally defaulted, claim of ineffective assistance of appellate counsel when a prisoner's state postconviction counsel provides ineffective assistance by failing to raise that claim."
Davila
,
Thus, the state of the law with respect to Greene's procedural default of his IAAC claim remains the same today as when the default occurred: alleged ineffectiveness of PCRA counsel cannot overcome the consequence of the failure to present the IAAC claim to the state courts in the first instance.
See
Coleman
,
IV.
For the foregoing reasons, we will affirm the District Court's August 29, 2016, denial of Greene's Rule 60(b) motion.
Greene is also known as Jarmaine Trice. For purposes of clarity, we will refer to the Appellant as Eric Greene.
In
Gray
, the Supreme Court held that the Confrontation Clause bars the admission of a nontestifying codefendant's redacted confession at trial if the redaction "replace[s] a proper name with an obvious blank ... or similarly notif[ies] the jury that a name has been deleted...."
Greene was tried jointly with several codefendants, including Naree Abudullah. In 2012, we assessed the applicability of
Gray
to the redacted confessions introduced at Greene's trial in the context of Abdullah's contention that he was entitled to habeas relief on the ground that the admission of the codefendants' redacted confessions violated his Confrontation Clause rights.
See
Abdullah v. Warden SCI Dallas
,
Counsel thereafter entered an appearance on behalf of Greene and filed an amended Rule 60(b) motion.
We have set forth five equitable factors that courts must consider in passing upon a Rule 60(b)(6) motion,
Cox v. Horn
,
Beyond the five Cox factors, the District Court considered the following two additional equitable factors: (1) Greene's "aver[ment] that 'state and federal court orders and opinions over the past decade have-rightly or wrongly-protected institutional, procedural, and structural interests at the expense of [Greene's] ability to litigate the Gray claim[;]" and (2) Greene's "argu[ment] that irregularities in the trial and appellate process 'detract from the confidence [the District] Court should have in the verdict.' " Id. at 28-29. The District Court concluded that, on balance, "the Cox factors ... weigh[ed] heavily against relief and [Greene's] additional proffered support [was] not enough to warrant 60(b) relief in this case." Id. at 29.
Appellees argue here, as they did in the District Court, that we lack jurisdiction to consider Greene's Rule 60(b) motion, claiming that it is an impermissible second or successive habeas petition because it seeks to raise a claim not previously presented in the initial habeas proceedings,
i.e.
, Greene's IAAC claim, and Greene did not receive this Court's authorization to file a second habeas petition as required by
"Rule 60(b) authorizes a district court to grant a party relief from judgment for various specific reasons, as well as 'any other reason that justifies relief.' "
Norris
,
A federal court may, in appropriate circumstances, invoke the "fundamental miscarriage of justice exception" to review an otherwise procedurally defaulted claim.
McQuiggin v. Perkins
,
In light of our decision that Davila compels rejection of Greene's reliance upon the alleged ineffectiveness of his PCRA counsel as "cause" for the procedural default of his IAAC claim, there is no need to address the District Court's consideration of the equitable factors governing Rule 60(b)(6) motions.
Reference
- Full Case Name
- Eric GREENE, A/K/A Jarmaine Q. Trice v. SUPERINTENDENT SMITHFIELD SCI; The District Attorney of the County of Philadelphia; The Attorney General of the Commonwealth of Pennsylvania Eric Greene, Appellant
- Cited By
- 14 cases
- Status
- Published