Smith v. Dickhaut

836 F.3d 97, 2016 WL 4651369, 2016 U.S. App. LEXIS 16449
CourtCourt of Appeals for the First Circuit
DecidedSeptember 7, 2016
Docket15-1770P
StatusPublished
Cited by17 cases

This text of 836 F.3d 97 (Smith v. Dickhaut) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Smith v. Dickhaut, 836 F.3d 97, 2016 WL 4651369, 2016 U.S. App. LEXIS 16449 (1st Cir. 2016).

Opinion

McAULIFFE, District Judge.

Petitioner, James Smith, was convicted by a jury in the Commonwealth of Massachusetts of first-degree murder, armed home invasion, and unlawful possession of a firearm. His motion for a new trial was denied and he appealed both the denial of that motion and his convictions to the Massachusetts Supreme Judicial Court (“SJC”). The SJC consolidated those appeals and reversed Smith’s conviction for armed home invasion, but upheld the remaining convictions. The SJC also affirmed the trial judge’s denial of Smith’s motion for a new trial. Commonwealth v. *100 Smith, 459 Mass. 538, 946 N.E.2d 95 (2011). Smith then sought federal habeas corpus relief from the United States District Court for the District of Massachusetts, claiming that he had been deprived of his constitutionally protected right to effective legal representation when trial counsel failed to fully and properly advise him about his right to testify at trial. In a closely related claim, Smith also asserted that, because he waived his right to testify based upon counsel’s erroneous (and constitutionally deficient) advice, that waiver was invalid. And, finally, Smith asserted that trial counsel provided deficient representation by failing to marshal and present exculpatory evidence in his defense. The district court denied the petition and Smith has appealed. We affirm.

I. Standard of Review

The district court’s denial of Smith’s petition for habeas corpus relief is reviewed de novo. Barbosa v. Mitchell, 812 F.3d 62, 66 (1st Cir. 2016).

Since passage of the Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”) and its amendments to 28 U.S.C. § 2254, the power to grant federal habeas relief to a state prisoner with respect to claims adjudicated on the merits in state court has been substantially limited. A federal court may disturb a state conviction if the state court’s resolution of the constitutional issues before it “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.” 28 U.S.C. § 2254(d)(1). The Supreme Court has explained the distinction between decisions that are “contrary to” clearly established federal law, and those that involve an “unreasonable application” of that law, as follows:

Under the “contrary to” clause, a federal habeas court may grant the writ if the state court arrives at a conclusion opposite to that reached by [the Supreme] Court on a question of law or if the state court decides a case differently than [the Supreme] Court has on a set of materially indistinguishable facts. Under the “unreasonable application” clause, a federal habeas court may grant the writ if the state court identifies the correct governing legal principle from [the Supreme] Court’s decisions but unreasonably- applies that principle to the facts of the prisoner’s case.

Williams v. Taylor, 529 U.S. 362, 412-13, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000). The Court also noted that an “incorrect” application of federal law is not necessarily an “unreasonable” one.

[T]he most important point is that an unreasonable application of federal law is different from an incorrect application of federal law.... Under § 2254(d)(l)’s “unreasonable application” clause, then, a federal habeas court may not issue the writ simply because that court 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. at 410-11, 120 S.Ct. 1495 (emphasis in original). So, to prevail, a state habeas petitioner must demonstrate that “the state court’s ruling on the claim being presented in federal court was so lacking in justification that there was an error well understood and comprehended in existing law beyond any possibility for fairminded disagreement.” Harrington v. Richter, 562 U.S. 86, 103, 131 S.Ct. 770, 178 L.Ed.2d 624 (2011).

Alternatively, federal habeas relief may be granted if the state court’s adjudication “resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the *101 State court proceeding.” 28 U.S.C. § 2254(d)(2). Section 2254(e)(1) goes on to provide that “a determination of a factual issue made by a State court shall be presumed to be correct” and the habeas petitioner “shall have the burden of rebutting the presumption of correctness by clear and convincing evidence.”

Here, the parties disagree at the outset about the degree of deference we should afford to factual findings made by the state court. Pointing to the language of § 2254(d)(2), Smith asserts that he need only demonstrate that such factual findings were “unreasonable.” The Commonwealth, on the other hand, says factual findings made by the state court are, under § 2254(e)(1), presumed to be correct, and Smith bears the. burden of rebutting that presumption by clear and convincing evidence. As this court has previously noted, the circuit courts of appeal disagree as to the proper interplay between §§ 2254(d)(2) and 2254(e)(1). See, e.g., John v. Russo, 561 F.3d 88, 92 (1st Cir. 2009); Teti v. Bender, 507 F.3d 50, 58-59 (1st Cir. 2007).

The Supreme Court seemed poised to clarify the point in 2010, when it granted certiorari to answer “the question of how §§ 2254(d)(2) and (e)(1) fit together.” Wood v. Allen, 558 U.S. 290, 300, 130 S.Ct. 841, 175 L.Ed.2d 738 (2010). In the end, however, the Court concluded that the outcome of the case before it did “not turn on any interpretive difference regarding the relationship between these provisions.” Id. Even giving the petitioner in Wood the benefit of § 2254(d)(2)’s standard (which is less deferential to state court findings of fact), the Court concluded that he was not entitled to habeas relief because the state court’s findings of fact were not unreasonable in light of the evidence presented. Id. at 301, 130 S.Ct. 841.

This court has noted the Supreme Court’s silence on precisely how section 2254(d)(2) and 2254(e)(1) fit together, and it has yet to address a case in which it was necessary to resolve that issue. See, e.g., Robidoux v. O’Brien, 643 F.3d 334, 338 n.3 (1st Cir. 2011) (“We have previously declined to delve into the relationship between subsections (d)(2) and (e)(1), as has the Supreme Court, and again have no need to do so.”) (citations omitted).

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Cite This Page — Counsel Stack

Bluebook (online)
836 F.3d 97, 2016 WL 4651369, 2016 U.S. App. LEXIS 16449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-dickhaut-ca1-2016.