Joseph Sandgathe v. Manfred F. Maass

314 F.3d 371, 2002 Cal. Daily Op. Serv. 12213, 2002 Daily Journal DAR 14541, 2002 U.S. App. LEXIS 26369, 2002 WL 31845944
CourtCourt of Appeals for the Ninth Circuit
DecidedDecember 20, 2002
Docket01-35053
StatusPublished
Cited by162 cases

This text of 314 F.3d 371 (Joseph Sandgathe v. Manfred F. Maass) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Joseph Sandgathe v. Manfred F. Maass, 314 F.3d 371, 2002 Cal. Daily Op. Serv. 12213, 2002 Daily Journal DAR 14541, 2002 U.S. App. LEXIS 26369, 2002 WL 31845944 (9th Cir. 2002).

Opinions

OPINION

BERZON, Circuit Judge.

Joseph Sandgathe appeals the denial and dismissal of his writ of habeas corpus filed in district court. The writ sought to challenge two 1993 convictions in the Lane County Circuit Court.

In one case (“the Bryson case”), Sand-gathe was convicted in a jury trial of assault in the second degree. That case arose from a trip Sandgathe took in October 1992 to the dentist, reminiscent of the dentist scene in “The Little Shop of Horrors” — but in reverse.

Sandgathe visited his dentist, Dr. Bry-son, to have a tooth bridge removed and repaired. Prior to the bridge removal, petitioner was given a mixture of nitrous oxide and oxygen, and a local anesthetic, Xylocaine.

During the procedure, Dr. Bryson decided it was necessary to give petitioner another Xylocaine injection to stop his gums from bleeding. Sandgathe was concerned about the additional injection, but Dr. Bry-son assured him that the procedure was standard. Sandgathe nonetheless became agitated, cursed, stood up, and repeatedly hit and kicked Dr. Bryson. Sandgathe then walked to the reception area and yelled at the receptionist. When Dr. Bry-son asked Sandgathe to leave, Sandgathe grabbed Dr. Bryson around the neck.

Dr. Bryson thereupon warned that the police were on their way. In response, Sandgathe tried to ram Dr. Bryson’s head through the office’s front door, smashed Dr. Bryson’s head between the door and wall, and threw Dr. Bryson outside, where he began beating and kicking Dr. Bryson again. Dr. Bryson suffered a broken tooth, numerous cuts, contusions, bruises, a broken rib, and a collapsed lung.

The second case (“the Robertson case”) also resulted in a conviction for assault in the second degree, this time for a violent outbreak at a tavern in February 1993. Sandgathe approached Robertson, a patron in a tavern, and started talking to him. Robertson told the bartender, “you should 86 this guy. He is acting weird.” Sandgathe then stood up and hit Robertson in the face and left. Robertson suffered a facial tripod fracture, left upper eyelid laceration, and nasal abrasion.

On April 15, 1993, Sandgathe was convicted by a jury in the Bryson case, and the trial court sentenced him to 22 months’ imprisonment and 36 months post-prison supervision. The next day, Sandgathe changed his plea in the Robertson case to guilty. The court sentenced Sandgathe to 32 months’ imprisonment and 36 months post-prison supervision, to run consecutively with the sentence imposed in the Bryson Case.

Sandgathe directly appealed both convictions but failed to raise any issues as to why his conviction should be reversed.1 [375]*375Both convictions were affirmed without opinion by the Oregon Court of Appeals. Sandgathe did not seek review by the Oregon Supreme Court.

In Oregon, “violations of a defendant’s rights that occur after trial, or that require a further evidentiary hearing for their determination” are appropriately determined on post conviction review. Kellotat v. Cupp, 719 F.2d 1027, 1030 (9th Cir.1983). Sandgathe challenged both convictions in petitions for post-conviction relief. In both cases, the Marion County Circuit Court denied relief on the merits, the Oregon Court of Appeals affirmed the denial of post-conviction relief without opinion, and the Oregon Supreme Court denied review without opinion.

Sandgathe then filed a writ of habeas corpus under 28 U.S.C. § 2254 in federal district court. His writ alleges four grounds for relief:

• Ground One alleges that Sandgathe was denied constitutional due process in the Bryson case because he was incompetent to stand trial or enter a guilty plea as a result of medication he was taking. Petitioner conceded before the district court that Ground One is procedurally defaulted.
• Ground Two alleges that he was denied adequate assistance of counsel in the Bryson case. Sandgathe raises eight ineffective assistance of counsel claims, all involving counsel’s alleged disregard for Sandgathe’s medical and mental incapacity. For example, Sandgathe alleges that counsel failed to investigate and research his mental status at the time of the offense to determine whether he had a viable mental status defense. Sandgathe conceded before the district court that the claims under Ground Two with regard to sentencing are procedurally defaulted. The district court reviewed and rejected on the merits the remainder of the claims under this Ground.
• Ground Three alleges that Sandgathe was taking a combination of prescription medications that rendered him incompetent to enter the guilty plea in the Robertson Case. The district court found this ground procedurally defaulted for failure to state federal due process claims to the state court on appeal from the denial of state post-conviction relief.
• Ground Four alleges ineffective assistance of counsel with regard to the guilty plea in the Robertson Case. Sandgathe argues that his attorney coerced him into pleading guilty. The district court reviewed and denied this claim on the merits.

Presented for our review on appeal are: the ineffective counsel claims in the Bry-son case, except those related to sentencing (Ground Two); the incompetence to plead claim in the Robertson case (Ground Three); and the ineffective counsel claim in the Robertson case (Ground Four). We first conclude that the incompetence claim in the Robertson case (Ground Three) was not procedurally defaulted. But we reject that claim on the merits. We also reject on the merits the related claim for ineffective counsel in relation to the plea in the Robertson case (Ground Four). Finally, we reject on the merits the ineffective counsel claim in the Bryson case (Ground Two).

[376]*376DISCUSSION

A. Standard of Review

The denial of a petition for writ of habeas corpus is reviewed de novo. Dubria v. Smith, 224 F.3d 995, 1000 (9th Cir.2000) (en banc). Sandgathe’s petition is governed by the Anti-terrorism and Effective Death Penalty Act of 1996 (“AED-PA”). Under AEDPA, “[sítate court findings of fact are to be presumed correct unless the petitioner rebuts the presumption with clear and convincing evidence.” Pollard v. Galaza, 290 F.3d 1030, 1033 (9th Cir.2002), citing 28 U.S.C. § 2254(e)(1).

B. Procedural Default of the Incompetence to Plead Claim in the Robertson Case

In order to qualify for federal ha-beas review, a state prisoner must exhaust all available state remedies, either through direct appeal of his conviction or through collateral proceedings. Exhaustion occurs when the petitioner has given the state courts a full and fair opportunity to consider and resolve the federal claims. See 28 U.S.C. § 2254(b)(1)(A); Duncan v. Henry,

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314 F.3d 371, 2002 Cal. Daily Op. Serv. 12213, 2002 Daily Journal DAR 14541, 2002 U.S. App. LEXIS 26369, 2002 WL 31845944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-sandgathe-v-manfred-f-maass-ca9-2002.