Sentoryia Young v. Bruce Westbrooks

702 F. App'x 255
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 14, 2017
Docket16-5075
StatusUnpublished
Cited by28 cases

This text of 702 F. App'x 255 (Sentoryia Young v. Bruce Westbrooks) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sentoryia Young v. Bruce Westbrooks, 702 F. App'x 255 (6th Cir. 2017).

Opinions

OPINION

McKEAGUE, Circuit Judge.

Sentoryia Young appeals the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. A jury convicted Young of second-degree murder and two counts of aggravated assault following an altercation outside a Nashville hotel, and he was sentenced to life in prison without parole. After an unsuccessful direct appeal in state court, Young raised various claims in an initial state postconviction proceeding that were all denied. Young then appealed, but his postconviction appellate counsel raised only some of the rejected claims. The claims not raised were forfeited.

With his state law remedies exhausted, Young filed a 25-claim petition for a writ of habeas corpus in federal court. The district court found that all of Young’s claims were either procedurally defaulted or meritless. It granted Young a certificate of appeala-bility, however, on the question of whether Young’s postconviction appellate counsel was so ineffective as to have abandoned him. R. 79, Order at 2, PID 2991. Abandonment would constitute cause to excuse the default of eight claims raised by Young’s initial postconviction counsel, but not by his appellate counsel. See Maples v. Thomas, 565 U.S. 266, 132 S.Ct. 912, 181 L.Ed.2d 807 (2012). We also granted Young’s motion to expand the certificate of appealability to include the question of whether the district court erred in denying [257]*257Young’s request to depose his postconviction appellate counsel. See App. R. 11, Order at 7. For the following reasons, we conclude that neither claim merits relief, and we consequently affirm.

I

In 2002, Sentoryia Young and several friends returned to a Nashville hotel room with two women from a strip club who agreed to have sex with them for $250. State v. Young, No. M2005-01873-CCA-R3-CD, 2008 WL 2026108, at *1 (Tenn. Crim. App. May 12, 2008), app. denied (Tenn. Dec. 8, 2008). After they paid the women, and as three of the men were leaving the hotel in a car, one of the women noticed that her money was missing. Id. An argument broke out over the allegedly stolen cash, and someone accused one of the passengers in the car of cocking his gun. Id. According to evidence adduced at trial, upon hearing this information, Young approached the car and fired multiple shots, killing the driver and injuring the two passengers. Id. at *l-*2.

Young was subsequently charged with one count of second-degree murder and two counts of aggravated assault for his involvement in the altercation. Id. at *1; see also R. 34-1, Indictment at 8-10, PID 278-80. The state’s first attempt to convict Young ended in a mistrial after a police officer mentioned Young’s prior criminal history, despite being warned by the judge not to do so. R. 34-1, Trial Ct. Minutes at 98, PID 368. At the conclusion of Young’s second trial, a jury found Young guilty on all counts, and he was sentenced to life in prison without parole. R. 34-1, Judgments at 157-59, PID 427-29. Following his conviction, Young requested a stay of his direct appeal so that he could file a petition for a writ of error coram nobis in the trial court. Young, 2008 WL 2026108, at *2. Young sought this equitable relief based upon newly discovered evidence indicating that a chart used by the state at trial, but not admitted into evidence, might have been present in the jury room, during deliberations. R. 30, Second Amended Habe-as Pet. at 33, PID 143. The state trial court denied Young’s petition and, in a consolidated appeal, the Tennessee Court of Criminal Appeals affirmed both the denial of this petition and Young’s conviction and sentence. Young, 2008 WL 2026108, at *1. The Tennessee Supreme Court declined review. Id.

Next, Young filed a pro se petition for state postconviction relief and later filed an amended petition through appointed counsel that raised approximately twenty grounds for relief, including sixteen claims of ineffective assistance of trial and appellate counsel. R. 34-27, Amended Pet. for Post-Conviction Relief at 40-44, PID 2415-19. Each ineffective-assistance claim was one sentence long. After an evidentiary hearing that included testimony from Young’s trial attorneys, Young’s initial postconviction counsel filed a Post-Hearing Memorandum focusing on only three of the ineffective-assistance-óf-trial-counsel claims raised in the amended petition: counsel’s failure to move for a mistrial with prejudice, counsel’s incompetent use of peremptory strikes, and counsel’s failure to impeach a witness during the error coram nobis proceeding. R. 34-27, Post-Hearing Memorandum at 48-50, PID 2423-25. Little to no evidence was presented on Young’s remaining claims. The trial court denied Young’s petition. R. 34-27, Memorandum Op. & Order at 58-64, PID 2433-39.

Young was then appointed new counsel, Hershell Roger, R. 34-37, Order Substituting Counsel at 67, PID 2442, who filed a timely notice of appeal on Young’s behalf, R. 34-27, Notice of Appeal at 69, PID 2444. It is Roger’s conduct that forms the basis [258]*258of the appeal now before us. Young faults Koger for only re-raising four ineffective-assistance-of-counsel claims: the three that initial postconviction counsel focused on in his post-hearing memo and the additional claim that trial counsel failed to move to strike the entire venire after emotionally-charged testimony from a prospective juror. R. 34-28, Post-Conviction Appellant Br. at 13-16.

In addition to alleging that Koger abandoned claims that were “clearly meritorious,” Appellant Br. at 16, Young takes issues with other aspects of Koger’s representation .as well. For instance, Young claims that Koger never communicated with him, despite Young’s repeated efforts to contact him. See Appellant Br. at 11. Koger’s apparent silence prompted Young to contact his former trial attorney in an effort to ascertain the status of his appeal. Id. n.ll. She, in turn, attempted to contact Koger directly—and indirectly through others—apparently to no avail. R. 71-1, Decl. of Amy D. Harwell ¶¶ 19-20, PID 2754-65.

Young also points to missed deadlines and a tardy filing as further evidence of Koger’s dilatory conduct. Specifically, before filing Young’s 17-page brief, Koger filed two motions for extensions, one of which reached the court two days after Young’s brief was due. R. 71-3, Motions for Extension at 2, 4, PID 2760, 2762. The Tennessee Court of Criminal Appeals granted both motions. See, e.g., R. 71-3, Order at 6, PID 2764. After the second deadline passed, Young filed a complaint with the court, saying he was concerned because he knew his brief was past due based on “what [Koger] told [him].” R. 71-5, Formal Complaint at 2, PID 2771. Ko-ger filed a brief shortly thereafter, however, and the state court took no action on Young’s complaint. Since this brief was filed a month and a half past the deadline, it was accompanied by a motion requesting permission to file. R, 71-3, Motion to Late-File at 7-8, PID 2764-65. The state appellate court accepted -the tardy brief and proceeded to consider—and reject on the merits—each of the four issues raised therein, and the Tennessee Supreme Court denied Young leave to appeal. Young v. State, No. 2010-01762-CCA-R3-PC, 2011 WL 3630128 (Tenn. Crim. App. Aug. 18, 2011), app. denied (Tenn. Nov. 16, 2011).

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702 F. App'x 255, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sentoryia-young-v-bruce-westbrooks-ca6-2017.