Snyder v. Addison

89 F. App'x 675
Court of Appeals for the Tenth Circuit·Decided March 2, 2004·No. No. 03-6050·Published·Cited by 5 cases

Opinion

ORDER AND JUDGMENT*

McKAY, Circuit Judge.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. RApp. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

Petitioner-appellant Eugene Robert Snyder was convicted by an Oklahoma [677] state court jury of robbery with a firearm after former conviction of two or more felonies, and he received a twenty-year prison sentence. The Oklahoma Court of Criminal Appeals (OCCA) affirmed petitioner’s conviction and sentence on direct appeal. Subsequently, the OCCA also affirmed the denial of petitioner’s application for post-conviction relief. Pursuant to 28 U.S.C. § 2254, petitioner then filed a petition for a writ of habeas corpus in the United States District Court for the Western District of Oklahoma.

Following the district court’s denial of his habeas petition, petitioner filed the instant pro se appeal in this court. We granted petitioner a certificate of appealability (COA) with respect to the following issues:

Whether petitioner received state-induced ineffective assistance of trial counsel in light of the trial court’s refusal to grant a continuance, and/or ineffective assistance of counsel, irrespective of state conduct, when trial counsel failed to adhere to Oklahoma procedural rules in moving for a continuance.

Order filed August 1, 2003 at 1-2.1 We conclude that petitioner has failed to establish that he is entitled to habeas relief based on his claims that he received ineffective assistance of trial counsel. Accordingly, we affirm the denial of petitioner’s habeas petition.

I.

Petitioner was charged under Oklahoma law with robbing Warren Watkins and Tom Purtell on February 5, 2000. The robbery allegedly occurred inside petitioner’s residence after a dispute arose over money that Purtell allegedly owed petitioner. According to Watkins and Purtell, another individual, Jimmy Don “Cracker” Wilson, ordered them to kneel on the floor and empty their pockets, and petitioner facilitated the robbery by brandishing a gun.

Petitioner’s preliminary hearing took place on March 14, 2000, and he was arraigned on March 16. Although petitioner’s trial was initially set to commence on an unspecified date during a trailing docket that began on April 3, see S.R. at 22, 182,2 the trial judge who presided over petitioner’s arraignment “assured trial counsel that [petitioner’s] trial would not commence before April 10th.” F.R., Doc. 11, Ex. C (summary opinion of OCCA on direct appeal) at 2 n. 1. Nonetheless, on Friday, March 31, petitioner’s trial counsel was informed by the trial judge who was to preside over petitioner’s trial that the trial was to commence on Monday, April 3.

During a pretrial conference on the morning of April 3, petitioner’s trial counsel moved for a continuance of the trial on the ground that he was unprepared to proceed because: (1) as noted above, he had previously been informed by another judge that petitioner’s trial would not commence until April 10; and (2) while a transcript of the preliminary hearing had been filed with the trial court on March 31, he did not received his copy of the transcript until the morning of April 3, and he therefore had “not really had a chance to adequately even go over the transcript, much less get prepared to call any kind of witnesses that might be helpful in a meaningful defense for Mr. Snyder.” S.T. at 14. Petitioner’s trial counsel also asserted that petitioner was “being denied effective as[678] sistance of counsel for not being able to adequately prepare in violation of his Sixth and Fourteenth Amendment Rights of the United States Constitution.” Id. After noting that the case had been placed on a trailing docket, and that, as a result, the case had not been set for a “date and time certain,” id. at 15, the trial judge denied the motion for a continuance, stating that “today is the first day of the jury term. I chose to try [this case] the first day,” id.

Petitioner’s two-day, two-stage, jury trial commenced immediately following the court’s denial of the motion for a continuance. During the trial, petitioner’s trial counsel participated in jury selection; he gave a brief opening statement; he objected to evidence presented by the prosecution; he cross-examined the prosecutions’ three witnesses, which included impeaching Watkins and Purtell with statements they made to the police; he presented two witnesses on behalf of petitioner; and he gave closing arguments.3

II.

A. Claims at Issue in This Appeal.

Relying on the Supreme Court’s decisions in United States v. Cronic, 466 U.S. 648, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984) and Bell v. Cone, 535 U.S. 685, 122 S.Ct. 1843, 152 L.Ed.2d 914 (2002), petitioner claims that he received state-induced ineffective assistance of trial counsel because, by denying his trial counsel’s motion for a continuance, the trial court forced his counsel to go to trial unprepared. In accordance with Cronic and Bell, petitioner claims that he is therefore entitled to a presumption of prejudice.

Alternatively, relying on Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), petitioner claims that he received ineffective assistance from his trial counsel because counsel’s performance at trial was deficient and he was prejudiced by his counsel’s deficient performance. Although this court’s COA order did not explicitly include petitioner’s Strickland claim, the claim is closely related to petitioner’s state-induced ineffective assistance claim under Cronic and Bell. We also note that respondents have addressed the merits of petitioner’s Strickland claim in the brief they filed in response to the COA order. See Aplee. Br. at 6-14.4 Thus, we liberally construe the grant of COA to include petitioner’s Strickland claim.

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Snyder v. Addison, 89 F. App'x 675 (10th Cir. 2004).

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