McDowell v. Hainesworth

CourtDistrict Court, M.D. Pennsylvania
DecidedOctober 18, 2023
Docket3:20-cv-01599
StatusUnknown

This text of McDowell v. Hainesworth (McDowell v. Hainesworth) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McDowell v. Hainesworth, (M.D. Pa. 2023).

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA

REUBEN McDOWELL, #MP7284,

Petitioner, CIVIL ACTION NO. 3:20-cv-01599

v. (SAPORITO, M.J.)

SUPERINTENDENT MS. M. HAINESWORTH, et al.

Respondents.

MEMORANDUM On September 3, 2020, the court received and docketed a petition for a writ of habeas corpus signed by the petitioner, Reuben McDowell, on August 31, 2020, submitted pursuant to 28 U.S.C. § 2254. (Doc. 1.) At the time of filing, McDowell was incarcerated at SCI Laurel Highlands, located in Somerset County, Pennsylvania. I. STATEMENT OF THE CASE A. Procedural History On March 16, 2016, following a consolidated jury trial before the Court of Common Pleas of Lycoming County, McDowell was convicted on multiple counts of burglary, robbery, criminal trespass, stalking, theft, and related crimes on evidence that he targeted elderly women returning home from grocery stores and forcibly took their purses and other

belongings. On July 6, 2016, the petitioner was sentenced to serve an aggregate term of 26 to 64 years in prison. , Docket Nos. CP-41-CR-0000017-2013, CP-41-CR-0000035-2013, CP-41-

CR-0000063-2013, CP-41-CR-0001382-2013 (Lycoming Cnty. (Pa.) C.C.P.). His conviction and sentence were affirmed on direct appeal by the Superior Court of Pennsylvania on January 22, 2018.

, 183 A.3d 1078 (Pa. Super. Ct. 2018) (table decision); , No. 2062 MDA 2016, 2018 WL 494702 (Pa. Super. Ct. Jan. 22, 2018) (unpublished decision). McDowell petitioned the

Supreme Court of Pennsylvania for allocatur, which was denied on July 31, 2018. , 190 A.3d 580 (Pa. 2018) (per curiam). He did not petition the Supreme Court of the United States for

a writ of certiorari. McDowell filed a PCRA petition in the court of common pleas on or about April 23, 2019. The PCRA court appointed counsel to

represent McDowell in state PCRA proceedings. Following a review of the record of state criminal proceedings, and after conferring with McDowell about his case, the court-appointed attorney filed a no-merit letter, advising the PCRA court that he found no meritorious claims for PCRA

relief and requesting leave to withdraw from further representation of McDowell. , 550 A.2d 213 (Pa. Super. Ct. 1988). On January 17, 2020, the state PCRA court entered an

order providing notice of its intent to dismiss the petition and granting the court-appointed attorney leave to withdraw as counsel. On March 6, 2020, after reviewing McDowell’s response to the January 1, 2020, order,

the state PCRA court entered an order dismissing his petition. McDowell appealed to the Superior Court of Pennsylvania, which dismissed his appeal on procedural grounds.1 McDowell did not file a petition for

allocatur with the Supreme Court of Pennsylvania.

1 McDowell appears to have filed three separate notices of appeal. One appeal was quashed for failure to comply with the Supreme Court of Pennsylvania’s directive in , 185 A.3d 969, 977 (Pa. 2018) (holding that Pa. R. App. P. 341 requires “that when a single order resolves issues arising on more than one lower court docket, separate notices of appeal must be filed”), , , 265 A.3d 462, 477 (Pa. 2021) (reaffirming that Rule 341 requires separate notices of appeal, but holding that Pa. R. App. P. 902 “permits the appellate court, in its discretion, to allow correction of the error, where appropriate”). , Docket No. 566 MDA 2020 (Pa. Supr. Ct. quashed May 15, 2020). The other two appeals were ultimately quashed for failure to file an appellant’s brief. , Docket No. 648 MDA 2020 (Pa. Super. Ct. quashed July 16, 2020); , Docket No. 649 MDA 2020 (Pa. Super. Ct. quashed July 16, 2020). B. Habeas Claims Presented Liberally construed, ,

704 F.3d 239, 244–46 (3d Cir. 2013) (discussing a court’s obligation to liberally construe pleadings and other submissions, particularly when dealing with imprisoned litigants), the petition has

asserted that McDowell is entitled to relief under 28 U.S.C. § 2254 for the following reasons: (1) McDowell was denied effective assistance of counsel in initial-

review collateral proceedings because his PCRA counsel failed to support McDowell’s claims of ineffective assistance by counsel in

trial proceedings and on direct appeal; (2) McDowell was denied effective assistance of counsel in trial proceedings because his trial counsel failed to challenge his

initial arrest by state troopers as unlawful, due to a lack of probable cause; (3) McDowell was denied effective assistance of counsel on direct

appeal because his appellate counsel conceded appellate questions VI and VII, asserting trial court error in connection with the denial of a motion to suppress based on the failure of a municipal police officer to comply with certain state-law

procedural requirements; (4) McDowell’s arrest with respect to conduct occurring within the City of Williamsport was unlawful because the arresting

municipal police officer arrested McDowell outside his primary territorial jurisdiction and failed to comply with certain state- law procedural requirements;2

(5) McDowell was denied his statutory right to a speedy trial under Pa. R. Crim. P. 600 because his trial commenced more than 365 days after his arrest;

2 McDowell was charged in four separate cases based on offenses occurring on several different dates in multiple locations within Lycoming County. In one of those cases, , Docket No. CP-41-CR-0000063-2013 (Lycoming Cnty. (Pa.) C.C.P.), McDowell was charged for offense conduct that occurred within the City of Williamsport on December 7, 2012. The charging officer for this case was a municipal police officer, Raymond O. Kontz III. The other three cases against McDowell concerned offense conduct occurring outside the city, and the charging officer for all three of the other cases was a Pennsylvania state trooper, Matthew J. Sweet. McDowell was initially arrested by state police and taken, in custody, to a state police barracks for further investigation. Because Kontz was investigating a related offense that occurred within the city, he was invited by state police to interview McDowell at the state police barracks. Kontz ultimately “arrested” McDowell there and transported him to a magisterial district court for the initial criminal proceedings in Case No. 63. (6) The trial court erred in denying a pre-trial motion to suppress

based on an erroneous finding that McDowell was arrested with respect to the Williamsport offense by a municipal police officer pursuant to a warrant, when the officer testified that he did not

have a warrant; (7) McDowell’s initial arrest by state troopers was unlawful because they lacked probable cause to arrest him; and

(8) McDowell’s unlawful arrest, without probable cause, violated his rights under the Pennsylvania state constitution. McDowell raised claims 4, 5, and 7 on direct appeal to the Superior

Court, which dismissed claim 4 on procedural grounds and claims 5 and 7 on the merits. McDowell failed to perfect an appeal to the Superior Court from the denial of his PCRA petition. As a consequence, he did not

fairly present claims 1, 2, 3, 6, and 8 to the Superior Court on PCRA appeal. II. DISCUSSION

A. Ineffective Assistance of PCRA Counsel In claim 1, McDowell claims that he was denied the effective assistance of counsel in state court PCRA proceedings. But freestanding claims of ineffective assistance of PCRA counsel are not cognizable in

federal habeas proceedings. 28 U.S.C. § 2254

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