Beach v. Moore

343 F. App'x 7
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 17, 2009
Docket07-3828
StatusUnpublished
Cited by5 cases

This text of 343 F. App'x 7 (Beach v. Moore) 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
Beach v. Moore, 343 F. App'x 7 (6th Cir. 2009).

Opinions

JULIA SMITH GIBBONS, Circuit Judge.

Petitioner-appellant Chad Beach appeals the denial of his petition for a writ of habeas corpus. An Ohio jury convicted Beach of aggravated murder, and he received a sentence of life imprisonment with eligibility for parole after twenty years. The Court of Appeals of Ohio affirmed his conviction, and the Supreme Court of Ohio denied leave to appeal. Beach then filed this petition pursuant to 28 U.S.C. § 2254 arguing, inter alia, that certain statements he made to police officers were involuntary and admitted against him in violation of due process. The United States District Court for the Northern District of Ohio found that Beach’s involuntariness claim was procedurally defaulted and dismissed the petition. For the reasons that follow, we affirm the judgment of the district court.

I.

The Court of Appeals of Ohio made the following factual findings, which we must presume to be correct:1

On September 13, 2001, [Beach] was indicted and charged with one count of aggravated murder, in violation of R.C. 2903.01(B), with the specification that he had a firearm .... The indictment was filed following the death of Joshua Buck, whose body was discovered in a manhole in a wooded area behind Bowsher High School in Toledo, Ohio on December 26, 1999. Over approximately the next month, [Beach] spoke to police officers investigating the case four times, each time making statements that increasingly showed his involvement in the events surrounding the murder. On January 18 and 24, 2000, [Beach] made statements to Sergeant Steve Forrester and Detective James Scott with his attorney Paul Accettola present. [Beach] was not under arrest and made the statements voluntarily. Thereafter, believing that [Beach] had not been entirely forthcoming in his statement to the officers, Ac-cettola arranged the January 24 interview but asked Lucas County Assistant Prosecutor Weglian for assurances that [Beach] could have a deal. Weglian indicated that if [Beach] was truthful and passed a polygraph exam, then he would be in a position to recommend that [Beach] could plead guilty to a theft offense. That polygraph exam, which was administered on January 25, 2000, resulted in an “inconclusive with probable deception” reading. Thereafter, the state indicated that the most it would be [9]*9willing to offer [Beach] in terms of a plea bargain was involuntary manslaughter.
On December 17, 2001, [Beach] filed a motion to enforce plea agreement and a motion to determine the admissibility of statements pursuant to Evid.R. 410. Regarding the alleged plea agreement, [Beach] sought to enforce an agreement to allow him to plead guilty to a theft offense. The lower court held a hearing and denied the motions, concluding that neither of the interviews of January 18 or 24 were induced by a plea agreement. Thereafter, the case proceeded to trial.
No where in either of these statements [made on January 18 and 24, 2000] is there any indication that [Beach] was induced to make them with the promise of a plea bargain. To the contrary, all indications are that [Beach] made the statements of his own free will. Moreover, Attorney Accettola testified at the motion hearing that no plea negotiations induced the January 18 or 24 statements and that no specific plea negotiations had been undertaken until January 25, 2000. Rather, Aceettola testified that “Everything I did was in the furtherance of putting Mr. Beach in a posture that would render him a proper subject for a plea negotiation.” In light of the facts surrounding the January 18 and 24 statements, we cannot say that [Beach] had a subjective expectation that a plea was being negotiated. As such, the trial court did not abuse its discretion in allowing the statements to be used as evidence in the trial below.

State v. Beach, 2004-Ohio-5232, at ¶¶ 20-21, 43, 2004 WL 2334257 (Ct.App.). A jury found Beach guilty of the aggravated murder charge, and the trial court sentenced him to a term of life imprisonment with eligibility for parole after twenty years. Beach appealed, raising nine assignments of error including:

THE TRIAL COURT ERRED TO THE PREJUDICE OF MR. BEACH BY DENYING HIS MOTION TO EXCLUDE STATEMENTS OF THE DEFENDANT MADE IN THE COURSE OF NEGOTIATING A PLEA AGREEMENTS [sic] IN VIOLATION OF EVID.R. 410 AND IN VIOLATION OF HIS DUE PROCESS RIGHTS GUARANTEED UNDER THE FIFTH, SIXTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION.

The Court of Appeals of Ohio rejected the above-cited assignment of error, finding that Beach did not have a subjective expectation that a plea was being negotiated under the circumstances. State v. Beach, 2004-Ohio-5232, at ¶43 (Ct.App.). The court also rejected the eight other assignments of error and affirmed Beach’s conviction. Beach then filed a notice of appeal in the Supreme Court of Ohio arguing three propositions of law including:

Statements made by a criminal defendant to law enforcement officers at the direction of the defendant’s criminal defense attorney and in consultation with a prosecutor in the context of plea negotiations are privileged under Evid.R. 410.

The Supreme Court of Ohio summarily denied leave to appeal. State v. Beach, 105 Ohio St.3d 1451, 823 N.E.2d 456 (Ohio 2005) (table).

Beach then filed this habeas corpus petition in the United States District Court for the Northern District of Ohio, again raising three claims. Relevant to this appeal is his first claim:

THE PETITIONER’S STATEMENTS TO POLICE WERE INVOLUNTARILY MADE, AND AS SUCH, THEIR [10]*10ADMISSION DURING TRIAL VIOLATED DUE PROCESSU

The matter was referred to United States Magistrate Judge George J. Limbert, who issued a Report and Recommendation concluding that the petition should be dismissed with prejudice. The district court entered an order adopting the Report and Recommendation in its entirety, dismissing the petition with prejudice, and denying a certificate of appealability. A motions panel of this court, however, issued a certificate of appealability on the questions of (I)“whether Beach procedurally defaulted his claim that his statements to police officers were involuntarily made” and (II) “whether such claim states a valid claim of the denial of a constitutional right [ie., due process].”

II.

Procedural default is a question of law, which we review de novo. Burroughs v. Makowski, 411 F.3d 665, 667 (6th Cir.2005) (per curiam).

A federal court may not entertain a petition for a writ of habeas corpus unless the petitioner has first exhausted his state court remedies. 28 U.S.C. § 2254(b)(1)(A); see also Ex parte Royall, 117 U.S. 241, 252-53, 6 S.Ct. 734, 29 L.Ed. 868 (1886). In order to exhaust his claims, the petitioner “must ‘fairly present’ his claim in each appropriate state court (including a state supreme court with powers of discretionary review), thereby alerting that court to the federal nature of the claim.” Baldwin v. Reese, 541 U.S. 27, 29, 124 S.Ct. 1347, 158 L.Ed.2d 64 (2004) (quoting

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Cite This Page — Counsel Stack

Bluebook (online)
343 F. App'x 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beach-v-moore-ca6-2009.