Uranga v. Davis
Opinion of the Court
Treating the Respondent's Petition for Rehearing En Banc as a Petition for Panel Rehearing, it is GRANTED. The prior opinion, Uranga v. Davis,
John Uranga, III, Texas prisoner # 1500003, appeals the district court's denial of his
Under our COA grant, we have jurisdiction to address whether Uranga's postjudgment motion was an unauthorized successive § 2254 application and will do so *284here, as it affects our appellate jurisdiction.
In Gonzalez v. Crosby , the Supreme Court instructed that a postjudgment motion should be treated as a successive § 2254 application if the motion adds a new ground for relief or attacks the district court's previous resolution of a claim on the merits.
In his postjudgment motion, which Uranga purported to file pursuant to Rule 59(e), Uranga sought reconsideration of the denial of his prejudgment motion for leave to amend his § 2254 application. He also contended that the district court denied his § 2254 application prematurely by failing to first explicitly consider and rule on his motion for leave to amend. Thus, Uranga did not seek to add a new ground for relief, nor did he attack the district court's previous resolution of a claim on the merits. Rather, he asserted that a previous ruling (the denial of his motion for leave to amend) which precluded a merits determination was in error. Moreover, his argument that the district court denied his § 2254 application prematurely was, in effect, an attack on an alleged defect in the integrity of the § 2254 proceeding. Consequently, under Gonzalez , Uranga's purported Rule 59(e) motion was not an unauthorized successive § 2254 application and, if timely filed (the second issue upon which COA was granted), would toll the deadline for filing a notice of appeal until the entry of the order disposing of the motion.
A motion to alter or amend a judgment under Rule 59(e) must be filed within 28 days of the entry of the judgment.
*285In Houston v. Lack , the Supreme Court held that a pro se prisoner's notice of appeal under Federal Rule of Appellate Procedure 4(a)(1) is deemed filed as of the date the notice is delivered to prison officials for mailing.
Uranga contends that his Rule 59(e) motion was timely filed because it was delivered to prison officials for mailing on April 7, 2014, as stated in the motion's certificate of service. However, Uranga himself did not deliver the motion to prison officials. Another inmate named Gordon Ray Simmonds, who was assisting Uranga with his § 2254 application, delivered the motion to prison officials for mailing. Simmonds also signed Uranga's name to the Rule 59(e) motion. Although the prison mailroom logs reflected that the mailroom did not receive the motion until April 14, 2014, Uranga submitted the declaration of Simmonds who explained the reasons for the delay.
The district court did not reject Simmonds' explanation for the delay in the mailroom's receipt of the Rule 59(e) motion. Instead, the district court reasoned that the motion would have been timely had Uranga himself signed and delivered the motion to prison officials for mailing on or before April 8, 2014. The district court determined that because Simmonds was a non-party and not a licensed attorney, he lacked authority under Federal Rule of Civil Procedure 11(a)
First, in determining that Simmonds lacked authority to sign Uranga's motion, the district court failed to note the specific rules applicable to § 2254 proceedings allowing someone other than the prisoner or a licensed attorney to sign a habeas petition under certain circumstances. Rule 2(c)(5) of the Rules Governing § 2254 cases provides that the habeas petition must "be signed under penalty of perjury by the petitioner or by a person authorized to sign it for the petitioner under
We have noted that the authority under § 2242 of a so-called "next friend" to apply for a writ of habeas corpus on behalf of another may be established when the habeas application explains "(1) why the detained person did not sign and verify the petition and (2) the relationship and interest of the would be 'next friend.' "
Second, in determining whether the prison mailbox rule applies, the relevant question for our consideration is whether the declaration of transmission to prison officials contemplated by the rules and our precedents requires the inmate himself to be the one to transmit the document to the prison officials responsible for the internal inmate mailing system. The Supreme Court has focused on the date the prison officials received the document.
Therefore, Uranga's Rule 59(e) motion, which Simmonds delivered on Uranga's behalf to prison officials for mailing on April 7, 2014, was timely filed and tolled the deadline for filing a notice of appeal until the entry of the order disposing of the motion.
The last issue upon which COA was granted involves Uranga's claim that he was denied an impartial jury during the punishment phase of trial because one of the jurors was impliedly biased against him.
Uranga then moved for a mistrial, arguing that because the juror's property was damaged by his actions, "it would have to affect [the juror] in [determining] punishment."
Under
The respondent argues that the doctrine of implied juror bias is not clearly established federal law and that this Court would have to create, in violation of Teague v. Lane ,
Both sides presented persuasive arguments and cite language from our cases that can be read to support each side of the argument. Other circuits are split on the question. The Fourth and Ninth Circuits have found that the doctrine is clearly established law, and the Sixth Circuit takes a position it is not clearly established.
In this case, however, it is unnecessary for us to delve into this question based upon the peculiar facts in this record. The facts on which Uranga relies in this case to establish that he suffered presumed bias are outside the extreme genre of cases Justice O'Connor pointed to in her concurring opinion in Smith v. Phillips
While each case must turn on its own facts, there are some extreme situations that would justify a finding of implied bias. Some examples might include a revelation that the juror is an actual employee of the prosecuting agency, that the juror is a close relative of one of the participants in the trial or the criminal transaction, or that the juror was a witness or somehow involved in the criminal transaction.38
In Brooks , the juror in question was arrested during the trial because he brought a weapon into the courthouse with him.
This situation, where the juror/homeowner learned that the defendant had committed a misdemeanor by driving across his yard and causing damage that could be repaired for less than $500, does not fall in the same genre of cases given by Justice O'Connor in her concurrence or the juror's concern in Brooks that he would be *289charged with a weapons offense. Although Uranga did cause some damage to the juror's lawn during the car chase, the damage was minimal. As described by the juror, "[t]he ground was moved up a little bit."
Based on the foregoing, the judgment of the district court denying Uranga's
Uranga v. State ,
See United States v. Key ,
See Fed. R. App . P. 4(a)(4)(A)(iv).
See Williams v. Thaler ,
Gonzalez ,
See Fed. R. App . P. 4(a)(4)(A)(iv).
Fed. R. Civ . P. 59(e).
See Brown v. Taylor ,
Federal Rule of Civil Procedure 11(a) provides that "[e]very pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name-or by a party personally if the party is unrepresented."
Weber v. Garza ,
See Warren v. Cardwell ,
Houston ,
See Hernandez v. Spearman ,
See Fed. R. App . P. 4(a)(4)(A)(iv).
Uranga also argues that the juror in question was biased against him during the entire trial, and not just during the punishment phase. He asserts that the juror was actually his neighbor, held animosity against him, and had made reports to the police alleging that Uranga was selling drugs out of his house. However, this issue is beyond the scope of our COA grant. By asserting this claim in his opening brief, Uranga, in essence, is seeking a rehearing of this Court's ruling on his motion for a COA. A petition for rehearing must be filed within 14 days of this Court's ruling, and Uranga's opening brief was filed more than five months later. See Fed. R. App . P. 40(a)(1). Therefore, we do not consider this claim.
Uranga ,
Uranga ,
Uranga ,
Id .
See Wilson v. Sellers , --- U.S. ----,
See
See
Uranga,
See Solis v. Cockrell ,
Dissenting Opinion
I respectfully dissent from the determination to grant a panel rehearing and affirm, rather than reverse, the district court. I agree with the majority opinion up until the issue of the implicit juror bias; at that point, I diverge.
Certainly the issue of implicit bias has caused some disagreement among the circuits. But I conclude that we are bound by Brooks v. Dretke ,
Turning to the facts of this case, the majority opinion concludes that Uranga's situation is not sufficiently "extreme"
Our original opinion correctly determined that this situation was sufficiently extreme to warrant relief holding:
The videotape offered by the State during the punishment phase of Uranga's trial clearly showed that Uranga had damaged the juror's lawn during the car chase. Although the resulting property damage may have been minimal, the damage nonetheless was personal to the juror, as it affected the premises of his home. Moreover, the juror was unaware of how the damage had been caused and learned, for the first time, upon viewing the videotape during the punishment phase of trial that Uranga was the perpetrator of the damage. We believe that these particular facts "inherently create[d] in [the] juror a substantial emotional involvement, adversely affecting [his] impartiality" toward *290Uranga.2 We conclude that this case presents one of those "extreme situations" in which we are justified in finding a violation of the Sixth Amendment based on implied juror bias. Consequently, although Uranga's conviction for possession of methamphetamine must stand, his sentence of life imprisonment cannot, at this point.
Uranga v. Davis ,
The state court never addressed this issue factually, having erroneously concluded that the law did not permit an implicit bias analysis.
See Solis v. Cockrell ,
This is the opinion vacated by the majority opinion here.
Reference
- Full Case Name
- John URANGA, III v. Lorie DAVIS, Director, Texas Department Of Criminal Justice, Correctional Institutions Division
- Cited By
- 21 cases
- Status
- Published