Hernandez v. Cooper

52 F. Supp. 2d 846, 1999 U.S. Dist. LEXIS 7931, 1999 WL 311443
CourtDistrict Court, N.D. Illinois
DecidedMay 12, 1999
DocketNo. 97-C-1296
StatusPublished

This text of 52 F. Supp. 2d 846 (Hernandez v. Cooper) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hernandez v. Cooper, 52 F. Supp. 2d 846, 1999 U.S. Dist. LEXIS 7931, 1999 WL 311443 (N.D. Ill. 1999).

Opinion

MEMORANDUM OPINION AND ORDER

CASTILLO, District Judge.

Ramiro Hernandez filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, which this Court denied on November 2, 1998. Hernandez v. Cooper, 28 F.Supp.2d 498 (N.D.Ill.1998) (“Hernandez I”). The Court will assume that the reader is familiar with our opinion in Hernandez I. On December 31, 1998, this Court granted Hernandez’s motion to reconsider the November 2nd Order to the extent that the Court allowed Hernandez to fully reassert his ineffective assistance of counsel arguments. After thoroughly reviewing the record with the benefit of additional briefing, we deny his petition for a writ of habeas corpus in its entirety.

Hernandez alleges that his trial counsel was constitutionally defective for 1) failing to move for a severance based on antagonistic defenses; 2) forcing Hernandez to testify; 3) failing to object to the admission of the weapons found in Santisteven’s house; and 4) failing to present a viable alibi defense. Hernandez also claims that he received ineffective assistance of appellate counsel for failing to challenge trial counsel’s performance. The State argues that Hernandez has procedurally defaulted his claims, and even if the Court were to reach the substance of Hernandez’s claims, they are lacking in merit. We will address each argument in turn.

I. Exhaustion and Procedural Default

Before considering the merits of Hernandez’s ineffective assistance of counsel claim, this Court must first determine whether Hernandez has exhausted all available state remedies and fairly presented his constitutional claims to the state courts. Momient-El v. DeTella, 118 F.3d 535, 538 (7th Cir.), cert. denied, — U.S. —, 118 S.Ct. 448, 139 L.Ed.2d 384 (1997). If Hernandez fails, to satisfy either of these requirements, “the petition is barred either for a failure to exhaust state remedies or for a procedural default.” Henderson v. Thieret, 859 F.2d 492, 496 (7th Cir.1988).

The procedural default inquiry focuses on whether the petitioner’s federal claims were “fairly presented” to the state courts. Jones v. Washington, 15 F.3d 671, 675 (7th Cir.1994); see also Verdin v. O’Leary, 972 F.2d 1467, 1474 (7th Cir.1992). Procedural default “occurs when a claim could have been but was not presented to the state court and cannot, at the time the federal court reviews the habeas petition, be presented to the state court.” Resnover v. Pearson, 965 F.2d 1453, 1458 (7th Cir.1992).

Procedural default also occurs when the state did not address the petitioner’s federal claims because the state court’s decision rested on an adequate and independent state law ground. Coleman v. Thompson, 501 U.S. 722, 729, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991); Wainwright v. Sykes, 433 U.S. 72, 87, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977). A petitioner who fails to meet the state’s procedural requirements for presenting his federal claims deprives the state courts of an opportunity to address those claims. See Coleman, 501 U.S. at 731-32, 111 S.Ct. 2546. Notwithstanding a procedural default, habeas review may still be available if the petitioner can show cause for the default and actual prejudice, or demonstrate that a failure to consider the claim will result in a fundamental miscarriage of justice. Id. at 750, 111 S.Ct. 2546.

The State concedes that Hernandez exhausted all available state remedies, but argues that Hernandez defaulted his ineffective assistance claim because the Illinois courts rejected this claim on adequate and [849]*849independent state grounds; specifically, waiver and res judicata. We disagree because the Illinois appellate court reviewing Hernandez’s post-conviction petition addressed the merits of Hernandez’s ineffectiveness claims. Therefore, procedural default does not apply.

“When a state court relies explicitly on a state procedural default rule in declining to review a federal question, a federal court sitting in habeas corpus jurisdiction must accept that determination as an ‘adequate and independent state ground’ for decision of the issue.” Williams v. Chrans, 894 F.2d 928, 934 (7th Cir.1990) (quoting Harris v. Reed, 489 U.S. 255, 263, 109 S.Ct. 1038, 103 L.Ed.2d 308 (1989)). However, “if the last state court to be presented with a particular claim reaches the merits, it removes any bar to federal court review that might otherwise have been available.” Ylst v. Nunnemaker, 501 U.S. 797, 801, 111 S.Ct. 2590, 115 L.Ed.2d 706 (1991); see also Momient-El v. DeTella, 118 F.3d 535, 539 (7th Cir.1997) (finding that petitioner’s ineffective assistance of counsel claim was not procedurally defaulted, even though he’d failed to raise it on direct appeal, because the post-conviction state court addressed the claim on its merits).

In determining whether a state court has addressed the merits of a petitioner’s claim, federal courts must rely upon the presumption that there is no independent and adequate state grounds for a state court decision absent a clear statement to the contrary. Coleman, 501 U.S. at 735, 111 S.Ct. 2546. Applying this presumption, courts in this district have found no procedural default where the last state court to address a petitioner’s federal claims did not expressly rely on independent and adequate state grounds. See, e.g., Brooks v. Page, 1997 WL 232764, *2-3 (N.D.Ill. May 2, 1997). For example, the Brooks court found that the Illinois appellate court’s disposal of the petitioner’s federal claims as frivolous and patently without merit “evidences a disposition on the merits” because “[i]t is not clear that this decision was based solely on an independent and adequate state ground.” Id. at *3.

In the case at bar, the Illinois appellate court on post-conviction review rejected the trial court’s finding that petitioner’s ineffective assistance claims were barred by res judicata and waiver. The appellate court affirmed the trial court’s dismissal of Hernandez’s post-conviction petition, however, on the grounds that Hernandez’s claims were frivolous and patently without merit. Accordingly, we find that the last state court to address Hernandez’s ineffective assistance claims did not rely exclusively upon state law to dispose of his claims, and, therefore, procedural default does not apply. Before assessing the merits of Hernandez’s claims, we will set forth the standards that guide our inquiry.

II. Habeas Standards

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Related

Wainwright v. Sykes
433 U.S. 72 (Supreme Court, 1977)
Jones v. Barnes
463 U.S. 745 (Supreme Court, 1983)
Strickland v. Washington
466 U.S. 668 (Supreme Court, 1984)
Harris v. Reed
489 U.S. 255 (Supreme Court, 1989)
Coleman v. Thompson
501 U.S. 722 (Supreme Court, 1991)
Ylst v. Nunnemaker
501 U.S. 797 (Supreme Court, 1991)
Zafiro v. United States
506 U.S. 534 (Supreme Court, 1993)
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Melvin H. Sullivan v. James A. Fairman
819 F.2d 1382 (Seventh Circuit, 1987)
David Williams and Robert Hicks v. James A. Chrans
894 F.2d 928 (Seventh Circuit, 1990)
Kenneth L. Kenley v. Bill Armontrout
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Juan Verdin v. Michael O'Leary and Neil F. Hartigan
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United States v. Francisco Jimenez
992 F.2d 131 (Seventh Circuit, 1993)
Leon Jones v. Odie Washington, Warden
15 F.3d 671 (Seventh Circuit, 1994)
Emmaline Williams v. Odie Washington, Warden
59 F.3d 673 (Seventh Circuit, 1995)

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Bluebook (online)
52 F. Supp. 2d 846, 1999 U.S. Dist. LEXIS 7931, 1999 WL 311443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hernandez-v-cooper-ilnd-1999.