Richard L. Short v. Samuel P. Garrison Attorney General of North Carolina, Rufus Edmisten

678 F.2d 364, 1982 U.S. App. LEXIS 18810
CourtCourt of Appeals for the Fourth Circuit
DecidedJune 1, 1982
Docket81-7011
StatusPublished
Cited by10 cases

This text of 678 F.2d 364 (Richard L. Short v. Samuel P. Garrison Attorney General of North Carolina, Rufus Edmisten) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Richard L. Short v. Samuel P. Garrison Attorney General of North Carolina, Rufus Edmisten, 678 F.2d 364, 1982 U.S. App. LEXIS 18810 (4th Cir. 1982).

Opinion

MURNAGHAN, Circuit Judge:

Richard L. Short seeks review from the denial of a petition for a writ of habeas corpus. The district court adopted a Magistrate’s Findings and Recommendation and ordered the petition dismissed.

On February 26, 1968 Short was indicted by a Forsyth County, North Carolina Superior Court grand jury for murder. On June 23,1968, Short pleaded guilty to a charge of second degree murder in Superior Court and received a term of twenty-five years. At the time of his plea, Short was sixteen years old.

Although Short has brought a number of post-conviction actions in state court, the relevant one concerns the denial of relief in 1979. In that petition, Short alleged that the trial judge committed error by failing to make a “no-benefit” finding as required by the North Carolina Youthful Offender statute in effect at the time of his convic *366 tion. See N.C.Gen.Stat. § 148-49.1 et seq. 1 The Superior Court denied the post-conviction relief even though it found Short was sixteen years old at the time of sentencing and that no explicit no-benefit finding was made at the time of sentencing. The court’s reason for refusing relief ran:

[Although] the appellate courts, upon proper motion, have vacated such judgments] and remanded [such] case[s] for further proceedings and for resentencing ... all of the decisions have required such proceedings only in the case of an offender who was still less than twenty-one (21) years of age at the time of remand. In this case, it would serve no useful purpose and would defeat the intent of the youthful offender statutes ... to resentence a person of [Short’s] present age, approximately twenty-six (26) years, to a “Committed Youthful Offender” status.

Short petitioned for a writ of certiorari to the North Carolina Court of Appeals to contest the refusal of the Superior Court to grant resentencing. The Court of Appeals denied the writ.

If the original sentencing court had sentenced Short as a committed youthful offender, he would have been entitled to a conditional release in no more than four years. Since Short has served over thirteen years of his sentence, if resentencing were ordered and if the court nunc pro tunc conferred on Short committed youthful offender status, he would be entitled to immediate release.

The Magistrate in his Findings and Recommendation decided that there was some merit in the state’s contention that the petition had been unduly delayed in its making and that Short, now over the age for being considered as a youthful offender, had contributed to a situation in which he was no longer able to receive a fair hearing on the matter. As a second ground for denying relief the Magistrate observed that, since *367 the North Carolina state courts had directly ruled that Short was not entitled to resentencing as a result of his age, federal review was foreclosed by Rose v. Hodges, 423 U.S. 19, 96 S.Ct. 175, 46 L.Ed.2d 162 (1975). As an independent reason, the Magistrate found that the relief should be denied because Short’s claim was not a matter of constitutional dimension. Citing this court’s decision in Hailey v. Dorsey, 580 F.2d 112 (4th Cir. 1978), cert. denied, 440 U.S. 937, 99 S.Ct. 1282, 59 L.Ed.2d 495 (1979), the Magistrate noted that it stood for the proposition that “errors in state procedural law may not be reviewed in this Court unless the result shows that the state court lacked jurisdiction to impose the sentence, or else the error constituted a fundamental defect which inherently results in the miscarriage of justice.” The Magistrate thought it obvious that the lack of a no-benefit finding, even though it amounted to error, did not deprive the state courts of jurisdiction. Furthermore, he found that the omitted finding did not constitute a fundamental defect under the particular circumstances of the case.

On appeal, Short generally attacks the denial of the writ by the district court asserting, among other' things, that the failure of the state to require resentencing violated his constitutional rights of equal protection and due process. Finding no error of constitutional magnitude, we affirm.

As for Short’s due process claims, Short first argues that In re Gault, 387 U.S. 1, 58, 87 S.Ct. 1428, 1459, 18 L.Ed.2d 527 (1967) strongly intimated that a Juvenile Judge must “state the grounds for his con-elusion” that a child is delinquent. In that case, the Supreme Court in dicta stated:

[In Kent v. United States, 383 U.S. 541, 561 [86 S.Ct. 1045, 1057, 16 L.Ed.2d 84] (1966) ], we said, in the context of a decision of the juvenile court waiving jurisdiction to the adult court, which by local law, was permissible: “. . . it is incumbent upon the Juvenile Court to accompany its waiver order with a statement of the reasons or considerations therefor.”

Id. However, the Court in Kent v. United States, 383 U.S. 541, 86 S.Ct. 1045, 16 L.Ed.2d 84 (1966), made it clear that, under the statutory scheme, the transfer of a child from the protective mechanisms in Juvenile Court to the criminal processes of the District Court was “critically important.” Id. at 560, 86 S.Ct. at 1056. The statute vested exclusive jurisdiction in the Juvenile Court unless the Juvenile Court waived its jurisdiction. The Court held, inter alia, that the statute and due process clause together required a statement of reasons for the Juvenile Court’s decision to waive its jurisdiction. Since the present case does not present a question of the jurisdiction of the North Carolina courts, the cases cited by Short are inapposite. 2

Short also asserts a general right of rehabilitative treatment in the juvenile reform process claiming that the right derives from the due process clause and the constitutional prohibition of cruel and unusual punishment. See Nelson v. Heyne, 491 F.2d 352, 358-60 (7th Cir. 1974), cert. denied, 417 U.S. 976, 94 S.Ct. 3183, 41 L.Ed.2d 1146 (1974). Although we express no opinion as to whether such a constitutional right exists, 3 Short can point to no authority that *368 such a right can be invoked at a time when the person is no longer a juvenile. Thus, we find no merit to any of the due process claims Short raises.

The reliance Short places on the equal protection clause is also insufficient for his purposes.

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Bluebook (online)
678 F.2d 364, 1982 U.S. App. LEXIS 18810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richard-l-short-v-samuel-p-garrison-attorney-general-of-north-carolina-ca4-1982.