Arthur Shelton v. Greg McQuiggin

651 F. App'x 311
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 1, 2016
Docket14-2093
StatusUnpublished

This text of 651 F. App'x 311 (Arthur Shelton v. Greg McQuiggin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arthur Shelton v. Greg McQuiggin, 651 F. App'x 311 (6th Cir. 2016).

Opinions

SILER, Circuit Judge.

Petitioner Arthur Shelton appeals the district court’s denial of his writ of habeas corpus filed under 28 U.S.C. § 2254. In 2004, Shelton shot and killed his roommate, Larry Hooper. At a bench trial, Shelton was found guilty but mentally ill of second-degree murder and guilty of possession of a firearm during the commission of a felony. He was sentenced to twenty-five to forty-five years’ imprisonment for murder and a two-year consecutive term for the firearm-related offense. For the reasons explained below, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

At trial, Shelton admitted to killing Hooper, testifying that he saw “fire in [Hooper’s] eyes” and believed that Hooper was the devil and going to kill him. In addition, both sides introduced testimony from mental health experts about Shelton’s sanity at the time of the murder. The trial court concluded that Shelton lacked premeditation and deliberation required for first-degrep murder but the state had demonstrated beyond a reasonable doubt that Shelton was guilty but mentally ill1 for the offense of second-degree murder.

[313]*313Because the trial court found Shelton guilty of second-degree murder, he could have received a life sentence. However, the court imposed the sentence recommended by the prosecution of twenty-five to forty-five years’ imprisonment for murder and two years for the firearm charge. Shelton objected to the sentence, inquiring as to why the state recommended a greater term of imprisonment at sentencing than its prior plea offer of seventeen to thirty years. The trial court explained that those offers are between the prosecution and defense and added that Shelton’s sentence “could have easily been life without, parole or [a] life sentence.”

On direct appeal, Shelton raised only two issues: (1) the preponderance of the evidence demonstrated that Shelton was not guilty by reason of insanity, and (2) the finding that Shelton was mentally ill violated due process. The Michigan Court of Appeals affirmed Shelton’s conviction, finding sufficient evidence in the record to conclude that Shelton was mentally ill but not legally insane and that no due process violation occurred. People v. Shelton, No. 268078, 2007 WL 1791704, at *5-6 (Mich. Ct. App. June 21, 2007). The Michigan Supreme Court denied Shelton’s application for leave to appeal, People v. Shelton, 480 Mich. 925, 740 N.W.2d 262 (Mich.2007) (mem.), and his motion for reconsideration, People v. Shelton, 480 Mich. 1078, 744 N.W.2d 133 (Mich.2008) (mem.).

After denial of his appeals, Shelton filed for post-conviction relief with the trial court, advancing for the first time theories of ineffective assistance of trial counsel (“IATC”) and ineffective assistance of appellate counsel (“IAAC”). The' trial court denied relief on the basis that Shelton “failed to make any meritorious arguments which establish that, but for any alleged errors, he would have had a reasonably likely chance of acquittal.” See Mich. Ct. R. 6.508(D)(3)(b)(i). Shelton’s application of leave to appeal to the Michigan Court of Appeals was denied, as was his application to the Michigan Supreme Court. People v. Shelton, 488 Mich. 852, 787 N.W.2d 496 (Mich.2010) (mem.).

Having exhausted his state court options for relief, Shelton filed a pro se petition for a writ of habeas corpus with the district court. Similar to his post-conviction motion, Shelton focused his basis for relief upon IATC and IAAC. Shelton v. McQuiggin, No. 10-14741, 2014 WL 3827207, at *1 (E.D. Mich. July 29, 2014). The district court denied Shelton’s petition but granted a certificate of appealability on one claim: whether Shelton’s trial attorney was ineffective for failing to inform Shelton of a plea offer before rejecting it in violation of the Sixth Amendment.

ANALYSIS

Before even reaching the merits of Shelton’s claim for relief, the parties disagree about the proper standard of review. The parties debate whether the more deferential standard articulated by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), Pub. L. No. 104-132,110 Stat. 1214, or de novo review applies to the state court adjudications of Shelton’s claims. Although the parties raise interesting arguments, we instead decide this case on the issue of procedural default.

“In order to respect the finality of state-court decisions and preserve the principles of federalism, federal courts follow the doctrine of procedural default.” Kennedy v. Mackie, No. 14-2342, 2016 WL 232133, at *9 (6th Cir. Jan. 19, 2016) (citing Martinez v. Ryan, — U.S. -, 132 S.Ct. 1309, 1316, 182 L.Ed.2d 272 (2012)). Procedural default occurs when:

(1) the petitioner fails to comply with a state procedural rule; (2) the state courts enforce the rule; (3) the state [314]*314procedural rule is an adequate and independent state ground for denying review of a federal constitutional claim; and (4) the petitioner cannot show cause and prejudice excusing the default.

Guilmette v. Howes, 624 F.3d 286, 290 (6th Cir.2010) (en banc) (quoting Tolliver v. Sheets, 594 F.3d 900, 928 n. 11 (6th Cir. 2010)). Here, the state trial court in denying Shelton’s post-conviction motion cited Michigan Court Rule 6.508(D)(3)(b)(i), which limits relief to the showing of “good cause” and “actual prejudice” for grounds that “could have been raised on appeal from the conviction and sentence or in a prior motion.” Mich. Ct. R. 6.508(D)(3). A Michigan state court’s reliance on Rule 6.508(D)(3) operates as a procedural bar for habeas review if “clearly and expressly invoked.” Henderson v. Palmer, 730 F.3d 554, 561 (6th Cir.2013) (citation and internal quotation marks omitted). Shelton concedes that the state court expressly invoked Rule 6.508(D)(3).

A procedurally defaulted claim will be forfeited, unless a petitioner “demonstrates cause for the default and prejudice from the asserted error.” House v. Bell, 547 U.S. 518, 536, 126 S.Ct. 2064, 165 L.Ed.2d 1 (2006) (citations omitted). One method of demonstrating “cause” to excuse procedural default is by showing that petitioner’s appellate counsel was ineffective. See Jones v. Bell, 801 F.3d 556, 562 (6th Cir.2015), cert. denied, — U.S. -, 136 S.Ct. 878, 193 L.Ed.2d 735 (2016). Under this test, a petitioner must show (1) that his “counsel’s performance was deficient” and (2) that “the deficient performance prejudiced the defense.” Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Shelton contends that IAAC excuses his procedural default.

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651 F. App'x 311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arthur-shelton-v-greg-mcquiggin-ca6-2016.