Delvin Lenter Williams v. Commr. Richard Allen

324 F. App'x 756
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 16, 2009
Docket08-14268
StatusUnpublished

This text of 324 F. App'x 756 (Delvin Lenter Williams v. Commr. Richard Allen) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Delvin Lenter Williams v. Commr. Richard Allen, 324 F. App'x 756 (11th Cir. 2009).

Opinion

PER CURIAM:

Appellant Delvin Lenter Williams appeals the denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. We granted a certifícate of ap-pealability to resolve whether, in light of Ferguson v. Culliver, 527 F.3d 1144 (11th Cir.2008), the district court erred by relying solely on the state appellate court’s findings, in lieu of reviewing the state trial records, to determine that: (1) the trial *757 court’s admission of the victim’s out-of-court statements did not result in a denial of due process; (2) the trial court did not err in denying appellant’s motion for judgment of acquittal; (3) trial counsel did not render ineffective assistance in regard to his investigation of the credibility of two state witnesses and his statements during closing argument; and (4) appellate counsel was not ineffective for failing to raise a claim of ineffective assistance of trial counsel. Williams argues that the district court violated Ferguson because it did not consider the state court trial transcripts before evaluating these claims for habeas relief. He also contends that he should receive an evidentiary hearing.

We review a district court’s denial of habeas corpus relief de novo. Gamble v. See’y Fla. Dep’t of Corr., 450 F.3d 1245, 1247 (11th Cir.2006). The scope of review is limited to the issue specified in the COA. See Murray v. United States, 145 F.3d 1249, 1250-51 (11th Cir.1998) (addressing a § 2255 motion).

As amended by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), 28 U.S.C. § 2254(d) forbids a federal court from granting habeas relief on claims that were previously adjudicated on the merits by a state court unless the adjudication:

(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the Supreme Court of the United States; or
(2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.

28 U.S.C. § 2254(d).

A state court’s decision is contrary to clearly established federal law if the state court (1) arrives at a conclusion opposite to that reached by the Supreme Court on a question of law; or (2) decides a case differently than the Supreme Court has on a set of materially indistinguishable facts. Ventura v. Att’y Gen., Fla., 419 F.3d 1269, 1280-81 (11th Cir.2005). A state court’s decision is an unreasonable application of clearly established federal law if the state court unreasonably applies the established law to the facts of a case. Williams v. Taylor, 529 U.S. 362, 407-08, 120 S.Ct. 1495, 1520, 146 L.Ed.2d 389 (2000). Additionally, “[fjactual determinations by state courts are presumed correct absent clear and convincing evidence to the contrary, § 2254(e)(1), and a decision adjudicated on the merits in a state court and based on a factual determination will not be overturned on factual grounds unless objectively unreasonable in light of the evidence presented in the state-court proceeding, § 2254(d)(2).” Miller-El v. Cockrell, 537 U.S. 322, 324, 123 S.Ct. 1029, 1033, 154 L.Ed.2d 931 (2003).

We recently held in Ferguson that, despite the presumption of correctness given to the state court’s factual determinations, where the appellant raised fact-intensive self-representation claims that required the state court to ensure that the appellant knowingly and voluntarily waived his right to counsel and to determine whether standby counsel substantially interfered with tactical decisions or the questioning of witnesses, “the absence of the trial record precluded the district court from conducting a meaningful review of the trial court decision.” Ferguson, 527 F.3d at 1149. Accordingly, we held that “[t]o review the actions of a state trial court with respect to self-representation claims, federal habeas courts must examine the state trial court record, rather than rely solely on the state appellate court’s findings as to what the trial record contains.” Id. In an explanatory footnote, we clarified that we “[were] simply holding that in order to conduct a *758 meaningful review of the state court rulings, federal courts must have the opportunity of reviewing the trial transcripts and state court records underlying those rulings.” Id. at 1149 n. 4.

I.

Although a federal court reviewing a state prisoner’s habeas petition may not “reexamine state-court determinations on state-law questions,” Estelle v. McGuire, 502 U.S. 62, 67-68, 112 S.Ct. 475, 480, 116 L.Ed.2d 385 (1991), it may review state evidentiary rulings to determine whether the rulings violated the petitioner’s due process rights. Felker v. Turpin, 83 F.3d 1303, 1311-12 (11th Cir.1996). In such instances, the inquiry is limited to determining whether evidentiary errors “ ‘so infused the trial with unfairness as to deny due process of law.’ ” Id. (quoting Lisenba v. California, 314 U.S. 219, 228, 62 S.Ct. 280, 286, 86 L.Ed. 166 (1941)). The determination of whether an evidentiary error is of such magnitude as to deny fundamental fairness is to be made in light of the evidence as a whole. Id. at 1312.

In this case, the state admits that it did not file the trial transcripts, and the record does not indicate that the transcripts were filed. The district court could not have meaningfully reviewed whether the admission of the victim’s out-of-court statement testimony so infused the trial with unfairness as to deny due process of law without reviewing the state trial transcripts.

II.

In reviewing allegations of the sufficiency of evidence, we ask “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979).

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Related

Murray v. United States
145 F.3d 1249 (Eleventh Circuit, 1998)
Peter Ventura v. Attorney General, State of Florid
419 F.3d 1269 (Eleventh Circuit, 2005)
Gamble v. Secretary, Florida Department of Corrections
450 F.3d 1245 (Eleventh Circuit, 2006)
Ferguson v. Culliver
527 F.3d 1144 (Eleventh Circuit, 2008)
Lisenba v. California
314 U.S. 219 (Supreme Court, 1942)
Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
Strickland v. Washington
466 U.S. 668 (Supreme Court, 1984)
Estelle v. McGuire
502 U.S. 62 (Supreme Court, 1991)
Miller-El v. Cockrell
537 U.S. 322 (Supreme Court, 2003)
Williams v. Taylor
529 U.S. 362 (Supreme Court, 2000)

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Bluebook (online)
324 F. App'x 756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/delvin-lenter-williams-v-commr-richard-allen-ca11-2009.