Jamarole Aldridge v. Scott Crickmar

680 F. App'x 809
CourtCourt of Appeals for the Eleventh Circuit
DecidedFebruary 21, 2017
Docket16-10390 Non-Argument Calendar
StatusUnpublished

This text of 680 F. App'x 809 (Jamarole Aldridge v. Scott Crickmar) 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
Jamarole Aldridge v. Scott Crickmar, 680 F. App'x 809 (11th Cir. 2017).

Opinion

PER CURIAM:

Jamarole Aldridge, a Georgia prisoner, appeals the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. The district court granted Aldridge a certificate of appealability (“COA”) on the claims that the prosecutor engaged in misconduct and his appellate counsel was ineffective for failing to investigate and raise the resulting prosecutorial misconduct claim during Aldridge’s direct appeal. Aldridge argues the prosecutor committed misconduct by allowing Mesa Copeland, Aldridge’s codefendant, to testify that she would serve three years in prison as part of her plea deal when she actually received only five years of probation and by failing to reveal the actual plea deal. After careful review, we affirm.

I.

Aldridge and Copeland forced a victim into the victim’s car. They then made the victim drive them nearby and they forced her out, stealing her car, purse, and other belongings. Aldridge v. State, 310 Ga.App. 502, 713 S.E.2d 682, 683-84 (2011), A jury found Aldridge guilty of robbery by intimidation, aggravated assault, and kidnapping. Id. at 684. The trial court sentenced him to 40-years imprisonment. Id.

At Aldridge’s trial, Copeland testified she had agreed to a deal with the State to serve three years of a five-year sentence in exchange for testifying against Aldridge. On cross-examination, Copeland revealed she would face as much as a life sentence for her crimes if she had not taken the deal. About a month after trial Copeland was sentenced to only five years of probation. Aldridge did not raise a prosecutorial misconduct claim on direct appeal.

In his state habeas petition, Aldridge alleged the prosecutor engaged in misconduct by not revealing Copeland’s deal and by allowing false testimony about the deal. Also, Aldridge alleged that his appellate counsel provided ineffective assistance by failing to raise the prosecutorial misconduct claims on appeal. At the state post-conviction evidentiary hearing, Aldridge testified that he called his codefendant at her home five months into his sentence and she answered the call. He said he asked his appellate lawyer to investigate how Copeland could answer her phone if she was serving a three-year prison sentence. Aldridge’s appellate lawyer contradicted this, and testified that Aldridge did not bring the issue of Copeland’s whereabouts to her attention.

The state postconviction court found the prosecutorial misconduct claims had been procedurally defaulted because they were not raised at trial or on direct appeal. It also found Aldridge failed to prove ineffective assistance of counsel because he offered only speculation about Copeland’s alleged deal or false testimony. The Supreme Court of Georgia denied Aldridge’s application for a Certificate of Probable Cause (“CPC”) without explanation.

*811 Aldridge then filed a federal habeas petition under § 2254 that he later amended to include the same prosecutorial misconduct and ineffective assistance claims. The magistrate judge found that Aldridge’s prosecutorial misconduct claim was procedurally barred. The magistrate also found that the record was not sufficient to show a violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), 1 or Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972), 2 and thus not sufficient to show appellate counsel was ineffective for failing to pursue those claims. On review of the magistrate judge’s report and recommendation, the district court

note[d] that it [was] troubled by the Giglio issue and in particular, the facts relating to the purportedly new plea agreement that Copeland received the benefit of—one for an entirely probated sentence—one month after the Defendant’s trial. It somewhat stretches credulity to believe that the Prosecutor did not know the terms of the plea agreement he had agreed to or would extend to Copeland in the event she hewed to testimony beneficial to the prosecution’s case.

However, the court was not willing to second guess the jury verdict given the absence of evidence regarding the plea deal. The district court granted a COA on these claims.

II.

We review de novo the district court’s denial of a habeas petition under 28 U.S.C. § 2254. Maharaj v. Sec’y for the Dep’t of Corr., 304 F.3d 1345, 1348 (11th Cir. 2002) (per curiam). “An ineffective assistance of counsel claim is a mixed question of law and fact subject to de novo review.” Ward v. Hall, 592 F.3d 1144, 1155 (11th Cir. 2010) (quotation omitted).

28 U.S.C. § 2254(d) prohibits federal courts from granting habeas relief on claims previously adjudicated on the merits in state court unless the state court decision (1) “was contrary to, or involved an unreasonable application of, clearly established federal law as determined by the Supreme Court,” or (2) “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)(1)-(2). In addition, federal habeas review of a claim is typically precluded when the petitioner procedurally defaulted the claim in state court. Pope v. Sec’y for Dep’t of Corr., 680 F.3d 1271, 1284 (11th Cir. 2012). A petitioner may overcome procedural default, however, if he shows cause for the default and actual prejudice resulting from the alleged constitutional violation. Ward, 592 F.3d at 1156.

The state postconviction court found that Aldridge’s prosecutorial misconduct claim was procedurally defaulted. Al-dridge does not contend that he has established “cause and prejudice” to overcome *812 this procedural bar. As a result, federal habeas review of this claim is precluded.

This leaves Aldridge’s claim that his appellate counsel was ineffective for failing to raise a prosecutorial misconduct claim on direct appeal. “Claims of ineffective assistance of appellate counsel are governed by the same standards applied to trial counsel under Strickland.” Brooks v. Comm’r, Ala. Dep’t of Corr., 719 F.3d 1292, 1300 (11th Cir. 2013) (quotation omitted). Thus, to succeed on his ineffective assistance claim, Aldridge must show (1) counsel’s representation fell below an objective standard of reasonableness, and (2) counsel’s deficient performance prejudiced him. Nejad v.

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Related

Porter v. McCollum
558 U.S. 30 (Supreme Court, 2009)
Maharaj v. Secretary for the Department of Corrections
304 F.3d 1345 (Eleventh Circuit, 2002)
Ward v. Hall
592 F.3d 1144 (Eleventh Circuit, 2010)
Brady v. Maryland
373 U.S. 83 (Supreme Court, 1963)
Giglio v. United States
405 U.S. 150 (Supreme Court, 1972)
Strickland v. Washington
466 U.S. 668 (Supreme Court, 1984)
Harrington v. Richter
131 S. Ct. 770 (Supreme Court, 2011)
Guzman v. Secretary, Department of Corrections
663 F.3d 1336 (Eleventh Circuit, 2011)
Pope v. Secretary for the Department of Corrections
680 F.3d 1271 (Eleventh Circuit, 2012)
Aldridge v. State
713 S.E.2d 682 (Court of Appeals of Georgia, 2011)
Nejad v. Attorney General
830 F.3d 1280 (Eleventh Circuit, 2016)
Cullen v. Pinholster
179 L. Ed. 2d 557 (Supreme Court, 2011)

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Bluebook (online)
680 F. App'x 809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jamarole-aldridge-v-scott-crickmar-ca11-2017.