Paige v. Lee

99 F. Supp. 3d 340, 2015 U.S. Dist. LEXIS 50489, 2015 WL 1782299
CourtDistrict Court, E.D. New York
DecidedApril 16, 2015
DocketNo. 13-cv-1465 (WFK)
StatusPublished
Cited by4 cases

This text of 99 F. Supp. 3d 340 (Paige v. Lee) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Paige v. Lee, 99 F. Supp. 3d 340, 2015 U.S. Dist. LEXIS 50489, 2015 WL 1782299 (E.D.N.Y. 2015).

Opinion

DECISION AND ORDER

WILLIAM F. KUNTZ, II, District Judge:

Before the Court is a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 by Petitioner Jason Paige (“Petitioner”). Petitioner seeks federal habeas relief based on ineffective assistance of counsel. Petitioner argues his counsel was ineffective on three grounds: (1) failure to object to inflammatory statements during summation, (2) failure to preserve for appellate review the failure of a prosecution witness to make an in-court identification of Petitioner, and (3) failure to adequately investigate a conflict of interest between the lead detective and Petitioner’s aunt. For the reasons discussed below, Petitioner’s claims are meritless. Accordingly, the petition for the writ of habeas corpus is DENIED in its entirety.

FACTUAL AND PROCEDURAL BACKGROUND

Between July 3 and July 20, 2008, Petitioner restrained Denetria Council (“Council”), his then-girlfriend, inside an apartment where Petitioner and Council lived with Petitioner’s nine-year old daughter and six-month old niece. Dkt. 9, Affirmation in Opposition to Petition for a Writ of Habeas Corpus (“Affirmation”) at ¶ 4. Petitioner believed that Council had cheated on him. Id. During this seventeen day period, Petitioner repeatedly demanded that Council admit to cheating on him and repeatedly beat Council on her back and body with an electrical cord. Id. At various times throughout the seventeen days, Petitioner would duct-tape Council to a crib to prevent her from moving. Id. He would also pour water over her back to irritate her wounds. Id. As a result of Petitioner’s actions, Council sustained countless lacerations and scarring over her back and body. Id. Eventually, Council was able to escape from Petitioner. Id.

Based on the foregoing, Petitioner was charged by Kings County, Indictment Number 7224/2008, with (1) one count of Kidnapping in the First Degree under New York Penal Law (“NYPL”) § 135.25[2], (2) one count of Kidnapping in the Second Degree under NYPL § 135.20, (3) two counts of Assault in the First Degree under NYPL § 120.10[1], [2], (4) one count of Attempted Assault in the First Degree under NYPL §§ 110.00/120/10[1], (5) one count of Assault in the Second Degree under NYPL § 120.05[2], (6) one count of Unlawful Imprisonment in the Second Degree under NYPL § 135.05, (7) one count of Assault in the Third Degree under NYPL § 120.00[1], (8) three counts of Criminal Possession of a Weapon in the [343]*343Fourth Degree under NYPL § 265.01[2], (9) two counts of Endangering the Welfare of a Child under NYPL § 260.10[1], and (10) one count of Attempted Assault in the Third Degree under NYPL §§ 110.00/120.00[1], Id. at ¶ 5

On June 3, 2009, Petitioner’s jury trial on the aforementioned charges commenced in the New York State Supreme Court, Kings County. Id. at ¶ 9. On June 16, 2009, the jury returned a verdict convicting Petitioner of Second Degree Kidnapping and two counts of First Degree Assault, one count for causing serious physical injury with a dangerous instrument and the other count for causing injury with intent to disfigure. Id. at ¶ 11. Petitioner, however, was acquitted of First Degree Kidnapping, the most serious charge. Id.

Following the guilty verdict, Petitioner filed a pro se motion in New York State Supreme Court, Kings County, to set aside the verdict under New York Criminal Procedure Law § 330.30 partly based on ineffective assistance of counsel for failure to request a psychiatric examination to determine Petitioner’s fitness to proceed. Id. at ¶ 12.

On July 29, 2009, the trial court orally denied Petitioner’s pro se motion to set aside the verdict and sentenced Petitioner to three concurrent determinate prison terms of twenty-five years on each count, to be followed by five years of supervised release. Id. at ¶ 13.

After sentencing, with the assistance of assigned appellate counsel, Petitioner appealed his judgment of conviction to the Appellate Division. Id. at ¶ 14. On or about March 29, 2011, appellate counsel filed a brief appealing Petitioner’s judgment arguing Petitioner received ineffective assistance of counsel based on counsel’s failure to object to “inflammatory statements by the prosecutor in summation, including calling [Petitioner] the ‘poster child for domestic violence abusers.’ ” Id.

On October 18, 2011, the Appellate Division unanimously affirmed Petitioner’s judgment of conviction and found that Petitioner had received effective assistance of counsel. Id. at 16; see also People v. Paige, 88 A.D.3d 912, 931 N.Y.S.2d 262 (2d Dep’t 2011).

On November 16, 2011, Petitioner applied to the New York State Court of Appeals for leave to appeal the Appellate Division’s decision confirming Petitioner’s conviction. Affirmation at ¶ 17. Petitioner sought review of all claims raised in his appeal to the Appellate Division. Id. On January 12, 2012, the New York State Court of Appeals denied Petitioner’s leave to appeal. Id. at ¶ 19; see also People v. Paige, 18 N.Y.3d 885, 939 N.Y.S.2d 755, 963 N.E.2d 132 (N.Y.2012).

On March 15, 2013, Petitioner filed his pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in this Court. Affirmation at ¶ 21; Dkt. 1, Petition for Writ of Habeas Corpus (“Petition”). The Petition challenges Petitioner’s incarceration on the basis Petitioner received ineffective assistance of counsel at trial. Petition at 16-18.1

Petitioner argues he received ineffective assistance of counsel on three grounds: (1) “Defense Counsel failed to object to all [344]*344inappropriate and inflammatory remarks made by the prosecution during summation[,]” including statements where “[t]he prosecutor called the Petitioner a ‘poster child for domestic violence abusers,’ ” and referred to Council’s skin as being “ ‘ripped like a piece of meat,’ ” (2) “Defense Counsel failed to preserve for appellate review the failure of a prosecution witness to.make an in-court identification of [Petitioner],” and (3) “[Defense] Counsel failed to adequately investigate [Petitioner’s] claim that lead [New York Police Department] detective[ ] Steven Swan-tek[ ] had a conflict of interest issue in that Swantek had [a] prior romantic relationship with Petitioner’s aunt which ended on bad terms.” Id. at 16-17. With respect to the second ground, Petitioner acknowledges he did not exhaust available state remedies. Specifically, Petitioner states:,

‘Ground Two’ was not exhausted via state remedies available. There are three reasons explaining th[is] lack of exhaustion. First, Appellate Counsel elected to make an alternative ineffective assistance of counsel claim, while raising the issues in her brief. Second, she elected to raise the unpreserved issues, asking the Court to exercise its interest of justice jurisdiction. Consequently, issues ‘1’ and ‘2’ were not exhausted by state appellate review. Third, Petitioner is a Pro se litigant who has an 11th grade education and a history of being treated for mental illness.

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Bluebook (online)
99 F. Supp. 3d 340, 2015 U.S. Dist. LEXIS 50489, 2015 WL 1782299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paige-v-lee-nyed-2015.