Douglas Colvin v. Lynda Taylor

324 F.3d 583
Court of Appeals for the Eighth Circuit·Decided May 15, 2003·No. 02-1326·Published·Cited by 54 cases

Opinions

BYE, Circuit Judge.

In the Circuit Court of Randolph County, Missouri, petitioner Douglas E. Colvin pleaded guilty to two counts of distributing a controlled substance and one count of keeping or maintaining a public nuisance. He was sentenced to imprisonment. After exhausting his state remedies, Colvin submitted a habeas petition under 28 U.S.C. § 2254, claiming his plea agreement with the State of Missouri had been violated. The district court granted the petition. The State appeals the grant of habeas relief, asserting the plea agreement was not breached. We do not believe the hold[585]*585ing of the Missouri courts was unreasonable; therefore, we reverse the judgment below.

I

Colvin’s plea agreement included a promise from the prosecutor to “stand silent upon” Colvin’s request to be sentenced to an institutional treatment center for 120 days followed by probation, pursuant to Mo.Rev.Stat. § 559.115. At sentencing, while discussing Colvin’s pre-sentence investigation report, defense counsel stated that Colvin had “matured” since 1984, when he was convicted of another crime, and that he had used his time in prison for that conviction to better himself. The prosecutor in turn stated:

Your Honor, I’ve agreed to stand silent today, but I was listening while we were arguing about the [pre-sentence investigation report]. And I do have a bit of a problem with some of the remarks [that] were made. Which is that the defendant has matured a lot in his thirteen years at the Department of Corrections, and made good use of his time, and has been able to succeed without being a danger to society.
Within a matter of — I mean this guy just got out of prison. And, right after he got out of prison, he engaged in a drug operation which involved, in part, 801 West Coates, but also involved other activities that were going on. There are complete connections between him and other members of the St. Louis area.
When this whole program of selling started, through January and April, and we started making our buys, Mr. Colvin immediately jumped into the fray, and started dealing drugs right away. Even the day that he was picked up on this offense, he made a buy- — or he made a sale to our confidential informant before they tapped him that day. We even recovered the buy money off of him. I don’t think it can be said that he matured a lot, or made the most of his time. The only thing I’d add to that is the fact that apparently he didn’t take his treatment program too seriously. On one of the last pages there, it says he completed out-patient treatment, a special condition of this parole, at Archways Comminutes, Inc., in 1994. But by his own admission, he continued to use drugs.
[H]e wasn’t out [of prison for the first-degree robbery] any time before the buys were being made in this case.
And I think that is a relevant factor for the Court to consider, in light of the comments defense counsel makes about his rehabilitation.

The Missouri trial court sentenced Col-vin to eight years imprisonment on the distribution counts, and to a consecutive term of five years imprisonment on the nuisance count. Colvin filed a motion under Missouri Supreme Court Rule 24.035, seeking to withdraw his guilty plea on the ground that the State had violated its plea agreement to stand silent at sentencing with regard to Colvin’s request for probation. Following an evidentiary hearing, the trial court concluded the remarks by the prosecutor at sentencing “were fair comments upon what defense counsel had stated.” The trial court further observed the State “had a duty to the Court to rebut inferences drawn by defense counsel.” The court also noted “the prosecutor did not suggest a particular sentence, nor did he voice opposition to probation.” The Missouri court thus concluded the State did not violate its agreement to stand silent on the probation request, and denied Colvin’s motion for post-conviction relief.

[586]*586The Missouri Court of Appeals affirmed the denial of post-conviction relief finding that:

In this case, the State agreed only to stand silent to Mr. Colvin’s request for sentence to an institutional treatment center with a 120-day call back. The State fulfilled that promise. The prosecutor never argued that Mr. Colvin should not receive a 120-day call back or be considered for probation. The prosecutor’s comments in reply to defense counsel’s characterizations of Mr. Colvin as matured and rehabilitated were merely clarifications of fact before the sentencing court. As an officer of the court, the prosecutor had the duty to convey to the court facts about the case and the defendant as long as the specific terms of the plea agreement were not violated. [Stufflebean v. Missouri, 986 S.W.2d 189, 192 (Mo.Ct.App.1999) (reasoning: “As an officer of the court, the prosecutor had the duty to convey to the court facts about the case and the defendant so long as the specific terms of the plea agreement were not violated.”) ]. The prosecutor believed that the inferences drawn by the defense counsel were unfair or untrue; therefore, he rebutted the inferences. In clarifying the record for the court, the prosecutor did not breach the specific terms of the plea agreement. The motion court, therefore, did not clearly err in denying Mr. Colvin’s Rule 24.035 motion for post-conviction relief. The point is denied.

Colvin v. Missouri, No. WD 57363 (Mo. Ct.App. Feb 15.2000) (unpublished, but quoted identically by both the State and Colvin).

Colvin submitted a habeas petition under 28 U.S.C. § 2254. A federal magistrate judge considered the petition and found Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971), was unreasonably applied by the Missouri courts. The district court agreed, adopted the report of the magistrate judge, granted the petition and issued the writ of habeas corpus.

II

Even in the unique context of habeas corpus review, we still review the district court’s legal conclusions de novo and its findings of fact for clear error. Hoon v. Iowa, 313 F.3d 1058, 1060 (8th Cir.2002); Pitts v. Norris, 85 F.3d 348, 350 (8th Cir. 1996) (illustrating our de novo review of a district court’s denial of a petition for writ of habeas corpus relief).

The determination as to whether a prosecutor’s statement violates a plea agreement is a conclusion of law. United States v. Johnson, 241 F.3d 1049, 1053 (8th Cir.2001). Thus, we will look anew at the record which was before the district court when it made its decision in this matter. Id. (explaining issues concerning the interpretation and enforcement of a plea agreement are issues of law, which we review de novo).

Free access — add to your briefcase to read the full text and ask questions with AI

Douglas Colvin v. Lynda Taylor, 324 F.3d 583 (8th Cir. 2003).

324 F.3d 583 (Douglas Colvin v. Lynda Taylor) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Brown v. Vandergriff
E.D. Missouri, 2025
Varvil v. Stange
E.D. Missouri, 2025
Wayne v. Stange
E.D. Missouri, 2024
Davis v. Stange
E.D. Missouri, 2024
Youngblood v. McBee
E.D. Missouri, 2024
Jones v. Stange
E.D. Missouri, 2023
Robinson v. Lewis
E.D. Missouri, 2023
Halter v. Lewis
E.D. Missouri, 2023
Dale Bookwalter v. David Vandergriff
73 F.4th 622 (Eighth Circuit, 2023)
Villeme v. Stange
E.D. Missouri, 2023
Jarrett v. Ramey
E.D. Missouri, 2023
Dallas v. Mesmer
E.D. Missouri, 2023
Teran v. Blair
E.D. Missouri, 2023
Snider v. Stange
E.D. Missouri, 2023
Collings v. Griffith
W.D. Missouri, 2022
Reed v. Payne
E.D. Missouri, 2022
Wilson v. Lewis
E.D. Missouri, 2022
Porter v. Jason Lewis
E.D. Missouri, 2021
Bateman v. Lewis
E.D. Missouri, 2021
Johnson v. Lewis
E.D. Missouri, 2020