Thompson v. Pierce

70 F. Supp. 3d 738, 2014 U.S. Dist. LEXIS 140219, 2014 WL 4954881
CourtDistrict Court, D. Delaware
DecidedOctober 2, 2014
DocketCiv. No. 11-1020-SLR
StatusPublished

This text of 70 F. Supp. 3d 738 (Thompson v. Pierce) is published on Counsel Stack Legal Research, covering District Court, D. Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thompson v. Pierce, 70 F. Supp. 3d 738, 2014 U.S. Dist. LEXIS 140219, 2014 WL 4954881 (D. Del. 2014).

Opinion

MEMORANDUM OPINION

ROBINSON, District Judge

I. INTRODUCTION

Currently before the court is Donald J. Thompson, Ill’s (“petitioner”) application for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. (D.I.3) For the reasons that follow, the court will deny petitioner’s § 2254 application.

II. FACTUAL AND PROCEDURAL BACKGROUND

In July 2004, a Delaware Superior Court jury convicted petitioner of attempted first degree robbery, first degree burglary, possession of a firearm during the commission of a felony, carrying a concealed deadly weapon, and resisting arrest. See Thompson v. State, 886 A.2d 1279 (Table), 2005 WL 2878167 (Del. Oct. 28, 2005). In December 2004, petitioner was sentenced to a total of twenty years at Level V, effective as of December 24, 2003, to be suspended after eleven years for decreasing levels of supervision. (D.I. 15 at 1) The Delaware Supreme Court affirmed petitioner’s convictions and sentence on direct appeal. See Thompson, 2005 WL 2878167, at *4.

However, in the interim, on May 4, 2004 and October 4, 2004, petitioner was found to have violated his probation (“YOP”). (D.I. 15 at 1) His VOP sentences were three months at Level V and sixty days at Level V, respectively. Id.

Years later, petitioner filed in the Superior Court a petition for a writ of mandamus asserting that his status sheet indicated that the Department of Correction improperly changed the effective date of his original sentence from December 23, 2010 to May 10, 2004. See Thompson v. Dep’t of Correction, 2010 WL 5050956 (Del. Dec. 8, 2010). On June 14, 2010, the Superior Court held an evidentiary hearing, with petitioner participating by video. The Superior Court dismissed petitioner’s petition for a writ of mandamus, but recalculated the time remaining on petitioner’s sentences. Id. at *1. The Superior Court explained that, even though the DOC had changed the original effective date of petitioner’s sentence, it had nevertheless correctly calculated the time remaining on the sentences and had actually given petitioner credit for an additional six days to which he was not entitled. Id. Petitioner appealed, and the Delaware Supreme Court affirmed that judgment. Id. at *2.

Petitioner timely filed the instant application. (D.I.3) The State filed an answer, contending that the application should be denied because petitioner failed to assert any claims cognizable on federal habeas review. (D.I.15) Petitioner filed a reply in opposition. (D.I.20)

III.DISCUSSION

Pursuant to 28 U.S.C. § 2254(a), a federal district court may only entertain a habeas application if the petitioner alleges that he is in custody in violation of the United States Constitution or the laws or treaties of the United States. 28 U.S.C, § 2254(a). In turn, it is well-settled that “[sjtate courts are the ultimate expositors of state law.” Mullaney v. Wilbur, 421 [740]*740U.S. 684, 691, 95 S.Ct. 1881, 44 L.Ed.2d 508 (1975). Thus, claims based on errors of state law are not cognizable on habeas review. Estelle v. McGuire, 502 U.S. 62, 67-68, 112 S.Ct. 475, 116 L.Ed.2d 385 (1991).

Petitioner asserts two grounds for relief in his application: (1) the DOC arbitrarily altered his sentence in violation of his due process rights; and (2) the Superior Court lacked authority to alter or consent to the alteration of his sentence and, by doing so, violated his due process rights. The original sentencing order identifies December 24, 2003 as the effective date of petitioner’s sentence, whereas petitioner’s status sheet shows May 10, 2004 as the effective date of his sentence. Distilled to their core, the instant two claims allege that the DOC and the Superior Court violated petitioner’s procedural due process rights by altering the effective date of his sentence on his status sheet seven years after his original sentencing without a court order authorizing that change. (D.I. 4 at 8-9; D.I. 20 at 2) Specifically, petitioner asserts that the

correct procedure was for the DOC to immediately alert the court to any discrepancies in [his] sentencing order. At that time, the correct procedure would have been for the court to promptly review the order and make any necessary changes within the time constraints prescribed under Delaware Superior Court Rule 35(c). This was not done.

(D.I. 20 at 2)

As an initial matter, to the extent these two claims assert that the DOC and the Superior Court failed to follow the proper procedure for altering sentences as set forth in Delaware Superior Court Criminal Rule 35(c), the claims merely allege an error of state law which fails to present an issue cognizable on federal ha-beas review.

To the extent petitioner asserts that the method the DOC and Superior Court used to change the starting date of his sentence violated his procedural due process rights, the argument is also unavailing.2 When analyzing a claim alleging a violation of procedural due process, a court “must first determine whether the nature of the interest is one within the contemplation of the ‘liberty or property’ language of the Fourteenth Amendment.”' Evans v. Sec’y Pa. Dep’t of Corr., 645 F.3d 650, 663 (3d Cir.2011). In Evans, the Third Circuit found that the petitioner’s procedural due process rights under the Fourteenth Amendment had not been violated when the department of corrections corrected an inmate’s sentence status summary sheet almost eleven years after the petitioner’s conviction, because an inmate does not have a fundamental right to be released from prison on or about a certain date. Id. The Evans Court explained that a miscalculated release date is a “record-keeping mistake,” and correcting such a mistake does not violate a petitioner’s procedural or substantive due process rights. Id. at 659-667. In short, a prisoner does not have “a constitutionally protected liberty interest in a miscalculated release date.” Id. at 652.

In this case, petitioner’s eleven year sentence for his robbery convictions was never changed from the original eleven year sentence that was originally imposed. As explained by the Superior Court judge during petitioner’s evidentiary hearing on [741]*741his petition for writ of mandamus, the original sentence order correctly stated that petitioner’s Level V time would be eleven years. (D.I. 17, Thompson III v. Dept of Corr., June 14, 2010 Hearing Transcript at 7) However, the original sentence order incorrectly listed December 24, 2003 as the effective date because that date failed to take into account the fact that petitioner had to serve two other Level V sentences for his violations of probation (one for three months and one for sixty days) before serving his eleven year sentence for the robbery charges. (D.I. 17, Thompson III v. Dept. of Corr.,

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Related

Mullaney v. Wilbur
421 U.S. 684 (Supreme Court, 1975)
Estelle v. McGuire
502 U.S. 62 (Supreme Court, 1991)
Slack v. McDaniel
529 U.S. 473 (Supreme Court, 2000)
Thompson v. State
886 A.2d 1279 (Supreme Court of Delaware, 2005)

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Bluebook (online)
70 F. Supp. 3d 738, 2014 U.S. Dist. LEXIS 140219, 2014 WL 4954881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-pierce-ded-2014.