Dade v. DiGuglielmo

283 F. App'x 979
CourtCourt of Appeals for the Third Circuit
DecidedJuly 2, 2008
Docket06-3024
StatusUnpublished

This text of 283 F. App'x 979 (Dade v. DiGuglielmo) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dade v. DiGuglielmo, 283 F. App'x 979 (3d Cir. 2008).

Opinion

OPINION

SMITH, Circuit Judge.

Kenneth Andre Dade sustained a gunshot wound to his neck and cheek on June 12, 1997. He was hospitalized briefly and discharged with instructions to administer an antibiotic, the narcotic analgesic Roxieet and the medication Neurontin as needed for pain. On June 19, four days after his discharge from the hospital, police from the Pittsburgh Police Department requested permission to question Dade about his injury. He consented, and rode with the officers to the station after arranging for his father to care for his young son. During the questioning, Dade implicated himself in a drive-by-shooting that occurred on the same night that he sustained his injuries. After the officers read Dade his Miranda rights, Dade revealed the full extent of his involvement.

Subsequently, he was charged with, inter alia, murder in the third degree. Dade moved to suppress his confession, arguing that it was involuntary on several grounds, including the fact that he was “under the influence of medication at the time of the statement!)]” At the suppression hearing, Dade declined to testify. As a result, the trial court had no evidence as to whether Dade had taken any of the *981 medications on the day he confessed, and if so, the time the specific medication(s) were administered. In light of the evidence regarding the circumstances surrounding Dade’s confession, the trial court concluded that his confession was knowing and voluntary and denied the motion to suppress. A jury convicted Dade of murder in the third degree, as well as several other offenses.

Dade appealed, contending that the trial court erred by denying his suppression motion because his statements were not voluntary. The Pennsylvania Superior Court was not persuaded. The Pennsylvania Supreme Court denied his petition for allowance of appeal. Thereafter, Dade filed a timely petition under the Pennsylvania Post Conviction Relief Act (PCRA), 42 Pa. Cons.Stat. §§ 9541-9546. With the assistance of counsel, Dade filed a Second Amended PCRA Petition, alleging that his confession was involuntary because he was under the influence of prescription drugs at the time of his statement. He also alleged that his trial and appellate counsel were ineffective because they did not develop the issue of his diminished capacity.

The trial court denied Dade’s PCRA petition on the basis that the Pennsylvania Superior Court had affirmed its determination that the confession was voluntary. Dade appealed, arguing that trial counsel was ineffective because he did not “present expert testimony from a doctor or toxicologist who could have testified to” the effects of the medications he had been prescribed. The Superior Court affirmed the trial court’s denial of Dade’s PCRA petition. It recited the fact that Dade was claiming that both trial and appellate counsel were ineffective because they failed to develop his diminished capacity argument. The Superior Court reasoned, however, that this issue was simply a new theory relitigating the voluntariness of his confession. The Pennsylvania Supreme Court denied Dade’s petition for allowance of appeal.

Thereafter, Dade filed a timely 28 U.S.C. § 2254 petition in the District Court for the Western District of Pennsylvania. Dade asserted that his conviction should be set aside because his confession was involuntary and his trial counsel had been ineffective by failing to present expert testimony regarding his mental state at the time of his confession. An amended § 2254 petition appended an affidavit from Dr. Lawson Bernstein, a neuropsychiatrist. Dr. Bernstein affirmed that he had reviewed Dade’s discharge summary from the hospital four days before he confessed, the various trial transcripts, and the confession. Dr. Bernstein opined that Dade “lacked the cognitive capacity to make a knowing and voluntary waiver of his rights and to assent to interrogation on the date of his taped confession.”

The District Court adopted the report and recommendation of the Magistrate Judge denying the § 2254 petition. Dade appealed. We granted a certificate of appealability on the issue of whether Dade “exhausted in state court his claim that trial counsel had rendered ineffective assistance by failing to present expert medical testimony or otherwise support his argument that his waiver of his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), had not been knowing and intelligent as a result of medication ...” and whether Dade was entitled to relief on his ineffectiveness claim. For the reasons set forth below, we will affirm. 1

I.

The Magistrate Judge’s report and recommendation appropriately recited that *982 § 2254(b)(1)(A) requires that the habeas petitioner exhaust his state court remedies. Yet the Magistrate Judge failed to determine whether Dade had in fact exhausted his claims, stating that “[i]t appears that Petitioner has presented the majority of his claims to the trial court through his direct appeal.” Dade asserts that he did exhaust his state court remedies. The Commonwealth disputes this. It argues that the claim asserted in the District Court, that trial counsel was ineffective because he did not present expert testimony from Dr. Bernstein that Dade lacked the cognitive capacity to make a knowing and voluntary confession, was not fairly presented to the state court. 2

In Picard v. Connor, 404 U.S. 270, 92 S.Ct. 509, 30 L.Ed.2d 438 (1971), the Supreme Court instructed that if the “federal claim has been fairly presented to the state courts, the exhaustion requirement is satisfied.” Id. at 275, 92 S.Ct. 509. The Court explained that

it is not sufficient merely that the federal habeas applicant has been through the state courts.... Only if the state courts have had the first opportunity to hear the claim sought to be vindicated in a federal habeas proceeding does it make sense to speak of the exhaustion of state remedies. Accordingly, we have required a state prisoner to present the state courts with the same claim he urges upon the federal courts.

Id. at 275-76, 92 S.Ct. 509. In McCandless v. Vaughn, 172 F.3d 255, 261 (3d Cir.1999), we instructed that this requires a habeas petition to “present a federal claim’s factual and legal substance to the state courts in a manner that puts them on notice that a federal claim is being asserted.” In other words, the claims raised in the state courts must be substantially equivalent to the claim pressed in the federal court. Doctor v. Walters, 96 F.3d 675, 678 (3d Cir.1996).

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Bluebook (online)
283 F. App'x 979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dade-v-diguglielmo-ca3-2008.