Sensabaugh v. Dormire

279 F. Supp. 2d 1071, 2003 WL 22053111
CourtDistrict Court, E.D. Missouri
DecidedJuly 21, 2003
Docket4:03CV441 DDN
StatusPublished
Cited by1 cases

This text of 279 F. Supp. 2d 1071 (Sensabaugh v. Dormire) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sensabaugh v. Dormire, 279 F. Supp. 2d 1071, 2003 WL 22053111 (E.D. Mo. 2003).

Opinion

279 F.Supp.2d 1071 (2003)

Terry SENSABAUGH, Petitioner,
v.
Dave DORMIRE, Respondent.

No. 4:03CV441 DDN.

United States District Court, E.D. Missouri, Eastern Division.

July 21, 2003.

*1072 Terry Sensabaugh, Jefferson City, MO, Pro se.

Stephen D. Hawke, Andrew W. Hassell, Attorney General of Missouri, Assistant Attorney General, Jefferson City, MO, for Respondent.

MEMORANDUM

NOCE, United States Magistrate Judge.

This action is before this court upon the petition of Missouri state prisoner Terry Sensabaugh for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The parties have consented to the exercise of jurisdiction by the undersigned United States Magistrate Judge under 28 U.S.C. § 636(c). The court concludes that Sensabaugh is not entitled to habeas relief.

On November 30, 1998, Sensabaugh was convicted in the Circuit Court of Jefferson County of drug trafficking in the first degree, in violation of Mo.Rev.Stat. § 195.222.8, based on aiding the manufacture of methamphetamine, Mo.Rev.Stat. § 562.041. (Resp.Ex. A-2). Sensabaugh was sentenced to 15 years imprisonment. Sensabaugh's conviction was affirmed on appeal. (Resp.Ex. E); State v. Sensabaugh, 9 S.W.3d 677 (Mo.Ct.App.1999).

On November 14, 2000, Sensabaugh filed a post-conviction relief motion pursuant to Missouri Supreme Court Rule 29.15. The circuit court denied the motion after an evidentiary hearing. (Resp.Ex. F). Sensabaugh appealed the denial of post-conviction relief and the Missouri Court of Appeals affirmed the denial on April 16, 2002. (Resp.Ex. J); Sensabaugh v. State, 72 S.W.3d 607 (Mo.Ct.App.2002).

On April 8, 2003, this court received a petition for a writ of habeas corpus from Sensabaugh. (Doc. 4). He seeks federal habeas corpus relief on three grounds:

(1) the trial court erred in denying his motion for judgment of acquittal because the state failed to adduce sufficient evidence to sustain his conviction; and
(2) the trial court erred by allowing the state's expert witness, Robert Irvin, to testify beyond the scope of his expertise; and
(3) Sensabaugh was denied effective assistance of counsel when counsel failed to object to the prosecutor's comment in closing argument that the State did not have to prove that petitioner manufactured methamphetamine. (Doc. 4 at 6A).

BACKGROUND

In its opinion, the Missouri Court of Appeals recounted the facts which support the verdict and which are relevant to Sensabaugh's allegations of constitutional violation:

*1073 On April 4, 1997, Detective Jeff Munzlinger from the Jefferson County Sheriff's Department, assisted by two other law enforcement officers, executed a search warrant of a mobile home in Fenton, Missouri. As the officers approached the residence, they detected a "very strong chemical smell." They knocked on the door and announced a search warrant. After receiving no response and hearing people running around inside the mobile home, the officers tried to open the door and felt resistance. They proceeded to use a battering ram to gain entry. Once they opened the door, Detective Munzlinger saw only one person, [Sensabaugh]. The officers found four others elsewhere in and around the house, including Evangeline "Vangie" Tosti and Linda Gatson.
The officers searched [Sensabaugh] and found $1900 rolled up in a rubber band in his left pant pocket, as well as rolling papers and marijuana. The officers also searched the mobile home and found numerous items used in the manufacture of methamphetamine, including Nasal Equate sinus tabs, some of which were counted out, some of which were soaking, and some of which were ground down, a sifter, a grinder, bottles and a case of Everclear, boxes and two cases of starting fluid batteries, canisters, coffee filters, and a tub. The officers found the items in plain view throughout the mobile home. The officers also seized three mason jars containing a liquid layer and a powdery substance later determined to be methamphetamine in a total amount of 751.19 grams.
After being advised of his right, [Sensabaugh] made the following written statement: "Terry Sensabaugh know that Vangie and Linda makes the dope, meth. Linda is the big cook, Vangie get the shit from the store to cook the meth." After writing the statement, [Sensabaugh] orally admitted that the money found in his pocket was from selling methamphetamine for the two women.

State v. Sensabaugh, 9 S.W.3d at 678-79.

EXHAUSTION AND STANDARD OF REVIEW

Respondent concedes that Sensabaugh's claims are exhausted. (Doc. 6 at 3.) Respondent does not argue that any of the three alleged federal habeas corpus grounds are procedurally barred. Therefore, the undersigned has reviewed the merits of each.

Federal habeas relief may not be granted on any claim that was adjudicated on the merits in State court unless the adjudication of the claim:

(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or
(2) resulted in a decision that 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). "A State court's decision is contrary to clearly established law `if the controlling case law requires a different outcome either because of factual similarity to the State case or because general federal rules require a particular result in a particular case.'" Tokar v. Bowersox, 198 F.3d 1039, 1045 (8th Cir. 1999) (quoting Richardson v. Bowersox, 188 F.3d 973, 977-78 (8th Cir.1999), cert. denied, 529 U.S. 1113, 120 S.Ct. 1971, 146 L.Ed.2d 801 (2000)), cert. denied, 531 U.S. 886, 121 S.Ct. 204, 148 L.Ed.2d 143 (2000).

The issue a federal habeas court faces when deciding whether a state court unreasonably applied federal law is "whether *1074 the state court's application of clearly established federal law was objectively unreasonable." Williams v. Taylor, 529 U.S. 362, 409, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000) (plurality opinion). The Supreme Court has distinguished an unreasonable application of federal law from an incorrect application of federal law. Id. at 365, 120 S.Ct. 1495. "A federal habeas court may not grant relief simply because it concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly. Rather, that application must also be unreasonable." Id.

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Bluebook (online)
279 F. Supp. 2d 1071, 2003 WL 22053111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sensabaugh-v-dormire-moed-2003.