Deljuan Marke Goodlow v. Ronald Oliver, et al.

CourtDistrict Court, D. Nevada
DecidedNovember 26, 2025
Docket3:20-cv-00364
StatusUnknown

This text of Deljuan Marke Goodlow v. Ronald Oliver, et al. (Deljuan Marke Goodlow v. Ronald Oliver, et al.) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Deljuan Marke Goodlow v. Ronald Oliver, et al., (D. Nev. 2025).

Opinion

3 UNITED STATES DISTRICT COURT

4 DISTRICT OF NEVADA

5 * * *

6 DELJUAN MARKE GOODLOW, Case No. 3:20-cv-00364-MMD-CLB

7 Petitioner, ORDER

8 v.

9 RONALD OLIVER, et al.,

10 Respondents.

11 12 I. SUMMARY 13 Petitioner Deljuan Marke Goodlow, who is currently incarcerated at the Southern 14 Desert Correctional Center, brings this petition for writ of habeas corpus (ECF No. 45 15 (“Petition”)) with representation by appointed counsel. For the reasons stated below, the 16 Court denies the Petition. 17 II. BACKGROUND 18 Goodlow was convicted, after a jury retrial in Nevada’s Second Judicial District 19 Court (Washoe County), of first-degree murder with the use of a deadly weapon, invasion 20 of the home, and burglary. 21 Goodlow testified at his trial. (ECF Nos. 29-37 at 115–45; 29-38 at 5–63.) He 22 testified that on May 13, 2007, he and Frank Smith, his codefendant, drove from Stockton, 23 California to Reno, checked into the Lido Inn motel, visited Reno casinos, gambled, drank 24 alcohol, and smoked marijuana. (ECF No. 29-37 at 118–22.) They checked out of their 25 third-floor motel room at about 3:00 a.m. on May 14. (Id. at 129.) As Goodlow was leaving 26 the room, he heard Smith yelling from the landing outside a room occupied by Royce 27 Riley on the second floor. (Id. at 129–30.) Goodlow joined Smith there and saw broken 28 1 glass on the floor of the landing. (Id. at 131–32.) Smith appeared agitated and upset and 2 had blood dripping from his hand. (Id.) Smith handed Goodlow a firearm and told him the 3 occupants of the room were “trippin.” (Id. at 132–34.) Goodlow testified that he went and 4 looked in the window of the room, said “What’s going on?”, pointed the gun through the 5 window toward Riley, and told him to “Back up.” (Id. at 135–38.) Riley reached toward the 6 gun Goodlow was pointing; Goodlow pulled the gun back, and the gun fired. (Id.) Goodlow 7 testified that it was not his intention to shoot the gun. (Id at 139–40.) Goodlow cut his arm 8 on the broken glass when he pulled back out of the window. (Id. at 138–39.) Goodlow 9 then kicked the door and yelled to Riley: “‘Open the door. You trippin. Open the door and 10 come outside.’ We can fight or whatever….” (Id. at 140–42.) According to Goodlow, Riley 11 was yelling, “I’m not trippin. I’m not trippin.” (Id. at 142–43.) Goodlow then told Smith he 12 “was ready to leave.” (Id. at 143.) Goodlow walked to a stairwell, but Smith did not follow 13 him, so he turned around and went back to where Smith was, in front of Riley’s room, to 14 get him to leave. (Id.) According to Goodlow, Smith didn’t want to leave. (Id. at 144.) 15 Goodlow then went back to the window, “pulled the firearm up,” and said “you trippin? 16 You trippin?” (Id. at 145.) He testified he did that for the “intimidation factor.” (Id.) Riley 17 yelled “No. No.”, “Help. Help.” (Id.) Goodlow testified that he was then, “like, ‘Man, I’m 18 gone,’” and he turned and ran. (Id. at 145–46.) As he left the area outside Riley’s room, 19 Goodlow heard a gunshot; he ran to the stairwell, down to the parking lot, and to the car. 20 (Id. at 146.) Smith soon came down and joined him at the car, and they drove away. (Id. 21 at 147–48.) Riley was shot and killed. 22 On June 23, 2009, following his first trial, a judgment was filed convicting Goodlow 23 of first-degree murder with the use of a deadly weapon, invasion of the home, and 24 burglary. (ECF No. 26-23.) Goodlow appealed and the Nevada Supreme Court reversed 25 and remanded, ruling that the trial judge made improper comments during jury selection. 26 (ECF No. 27-26.) 27 1 Goodlow’s retrial commenced on September 22, 2014. (ECF No. 29-33.) The jury 2 again found Goodlow guilty of first-degree murder with the use of a deadly weapon, 3 invasion of the home, and burglary. (ECF Nos. 30-2, 30-3, 30-4.) The new judgment of 4 conviction was filed on February 5, 2015. (ECF No. 30-9.) Goodlow was sentenced as 5 follows: for the murder, life in prison with the possibility of parole after 20 years and an 6 equal and consecutive sentence for the use of a deadly weapon; for the invasion of the 7 home, a concurrent sentence of 22 to 96 months in prison; for the burglary, another 8 concurrent sentence of 22 to 96 months in prison. (Id.) Goodlow again appealed and on 9 March 17, 2016 the Nevada Supreme Court affirmed. (ECF No. 30-39.) 10 Goodlow filed a pro se post-conviction petition for writ of habeas corpus in the state 11 district court on March 23, 2017. (ECF No. 31-13.) The court appointed counsel for 12 Goodlow (ECF No. 31-18), and with counsel Goodlow filed a supplemental petition. (ECF 13 No. 31-31.) The state district court granted the State’s motion to dismiss the petition. (ECF 14 No. 32-3.) Goodlow appealed, and the Nevada Supreme Court affirmed. (ECF No. 32- 15 33.) 16 Goodlow then initiated this federal habeas corpus action, on June 17, 2020, by 17 submitting a pro se petition for writ of habeas corpus. (ECF No. 6.) The Court granted 18 Goodlow’s motion for appointment of counsel (ECF No. 7) and appointed counsel to 19 represent him (ECF No. 5). Goodlow then filed a counseled first amended habeas 20 petition, and subsequently a second amended habeas petition. (ECF Nos. 11, 17.) Before 21 the parties completed the briefing of the claims in Goodlow’s second amended petition, 22 he filed a motion for leave to file a third amended habeas petition with the proposed third 23 amended petition attached (ECF No. 39), and a motion to stay (ECF No. 41) requesting 24 that the case be stayed so that he could further exhaust claims in state court. The Court 25 granted both unopposed motions. (ECF No. 44.) Goodlow’s third amended petition was 26 filed (ECF No. 45), and the case was stayed on February 18, 2022, pending Goodlow’s 27 further state court proceedings (ECF No. 44). 1 Goodlow filed a second state habeas petition on January 24, 2022. (ECF No. 59- 2 5.) The state district court dismissed that petition. (ECF No. 59-15.) Goodlow appealed, 3 and the Nevada Court of Appeals affirmed, ruling that all his claims were subject to the 4 law of the case doctrine and/or procedurally barred with no showing of cause and 5 prejudice to overcome the procedural bar. (ECF No. 59-43.) The stay of this action was 6 then lifted on July 28, 2023. (ECF No. 52.) 7 Goodlow’s third amended petition (ECF No. 45 (“Petition”)) includes the following 8 claims:

9 Ground 1: “The trial court committed structural error in violation of Goodlow’s Fifth, Sixth and Fourteenth Amendment rights when it denied his 10 fair-cross-section challenge to the jury venire.”

11 Ground 2: “Goodlow was denied his right to a fair trial under the Fifth, Sixth and Fourteenth Amendments when the trial court denied his motion to 12 sever, thereby allowing his co-defendant’s attorney to become a second prosecutor.” 13 Ground 3A: “Goodlow was denied his right to effective assistance of trial … 14 counsel in violation of his Fifth, Sixth and Fourteenth Amendment rights when his attorney failed to challenge the proposed jury instruction that 15 precluded his defense of withdrawal.”

16 Ground 3B: “Goodlow was denied his right to effective assistance of … appellate counsel in violation of his Fifth, Sixth and Fourteenth Amendment 17 rights when his attorney failed to challenge the proposed jury instruction that precluded his defense of withdrawal.” 18 19 Respondents filed a motion to dismiss, arguing that the claims in Grounds 1 and 20 3B are barred by the statute of limitations and that all of Goodlow’s claims are procedurally 21 defaulted. (ECF No. 57.) The Court denied that motion without prejudice to Respondents 22 asserting the exhaustion/procedural default defenses in their answer. (ECF No. 66.) 23 III. DISCUSSION 24 A. Standard of Review for Claims Adjudicated in State Court 25 28 U.S.C.

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Deljuan Marke Goodlow v. Ronald Oliver, et al., Counsel Stack Legal Research, https://law.counselstack.com/opinion/deljuan-marke-goodlow-v-ronald-oliver-et-al-nvd-2025.