United States ex rel. Rivera v. Peters

743 F. Supp. 575, 1990 U.S. Dist. LEXIS 11444, 1990 WL 126241
CourtDistrict Court, N.D. Illinois
DecidedAugust 28, 1990
DocketNo. 90 C 825
StatusPublished
Cited by1 cases

This text of 743 F. Supp. 575 (United States ex rel. Rivera v. Peters) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States ex rel. Rivera v. Peters, 743 F. Supp. 575, 1990 U.S. Dist. LEXIS 11444, 1990 WL 126241 (N.D. Ill. 1990).

Opinion

[576]*576ORDER

BUA, District Judge.

Hector Juan Rivera, an inmate at Pontiac Correctional Center, is currently serving a 40-year prison term for a gang-related street shooting. Rivera now petitions the court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the reasons stated herein, the court denies Rivera’s petition.

FACTS

On November 21, 1983, Jose Rodriguez and Israel Delgado were shot while standing in a street located on Chicago’s west side. As both victims lay wounded on the ground, Rodriguez noticed Rivera walking toward them with a revolver in his hand. Rivera approached Delgado and pointed the gun at his head. Rivera “clicked” the gun three times and walked away. Rodriguez and Delgado then fled in separate directions.

Upon his arrival at the hospital, Delgado lost consciousness from his bullet wounds. He died later that evening. Rodriguez was treated at the hospital for a single gunshot wound to his leg. When he was released from the hospital, Rodriguez went to the police station and identified Rivera in a lineup.

At trial, Rodriguez’ depiction of the shooting incident was corroborated by another eyewitness, Evonne Stanfield. Stan-field testified that she was watching television in her home when she heard the gunshots. She leaned out of her window and saw Rivera running from a gangway next to her home. Stanfield saw Rivera walk up to Rodriguez and point a gun at him. Rivera then turned around and began walking toward Stanfield’s house. Noticing Stanfield in the window, Rivera pointed the gun at her. Stanfield immediately shut her window and lay down on the floor. Several hours after the incident occurred, Stanfield also identified Rivera in a police lineup.

Following the jury trial, Rivera was convicted for the murder of Delgado and the attempted murder of Rodriguez. Rivera appealed to the Illinois Appellate Court, and the court affirmed his conviction. See People v. Rivera, 137 Ill.App.3d 1155, 101 Ill.Dec. 809, 499 N.E.2d 176 (1985). Rivera did not appeal to the Illinois Supreme Court.

DISCUSSION

In his habeas petition, Rivera raises two arguments. First, he claims that his conviction should be set aside because the testimony of Rodriguez and Stanfield was inconsistent. Second, Rivera argues that the state trial court committed reversible error when it allowed the prosecution to introduce evidence of Rivera’s gang affiliation. In opposition to Rivera’s petition, respondent asserts that Rivera has waived both of these arguments because he failed to appeal his conviction to the Illinois Supreme Court.

Generally, if a criminal defendant fails to appeal his conviction to the highest court of the state, he is deemed to have waived his right to habeas corpus relief. See Nutall v. Greer, 764 F.2d 462, 464-65 (7th Cir.1985). This general rule, however, is subject to the “cause and prejudice” standard set forth in Wainwright v. Sykes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977). .As respondent correctly points out, Rivera is barred from seeking habeas relief unless he can show cause for his failure to appeal and prejudice from the alleged trial errors.

In an attempt to show cause, Rivera argues that his default should be excused because he is indigent and relatively uneducated. Despite Rivera’s reference to his financial plight and lack of education, he had an adequate opportunity to pursue an appeal. A criminal defendant such as Rivera enjoys meaningful access to the state’s highest court when he is provided with a trial transcript, a brief filed on his behalf in the appellate court, and an opinion by the appellate court disposing of his case. Ross v. Moffitt, 417 U.S. 600, 615, 94 S.Ct. 2437, 2446, 41 L.Ed.2d 341 (1974). Rivera had access to these materials; yet he made no effort to appeal to the Illinois [577]*577Supreme Court. Rivera did not even seek assistance in filing a petition for leave to appeal. Having provided no legitimate justification for his failure to appeal, Rivera’s default will not be excused.

Because Rivera has not shown cause for his default, the court does not have to reach the issue of whether he suffered prejudice from the alleged trial errors. See Morrison v. Duckworth, 898 F.2d 1298, 1301 (7th Cir.1990). In any event, Rivera has also failed to demonstrate prejudice.

In support of his claim for habeas relief, Rivera argues that the testimony of the two eyewitnesses was “inconsistent” and “improbable.” But this court may not reweigh the evidence; it is entirely within the province of the jury, as the trier of fact, to assess the credibility of the witnesses and resolve conflicts in their testimony. United States v. Goodman, 797 F.2d 468, 471 (7th Cir.1986); United States v. Faurote, 749 F.2d 40, 44-45 (7th Cir.1984). A jury’s verdict will be set aside in a habeas action only if “no rational trier of fact could have found proof of guilt beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 324, 99 S.Ct. 2781, 2791-92, 61 L.Ed.2d 560 (1979).

According to Rivera, the testimony of Rodriguez and Stanfield was insufficient to establish guilt beyond a reasonable doubt. Rivera arrives at this conclusion based solely on an inconsistency in Rodriguez’ testimony. Rodriguez initially told the police that Rivera was wearing a ski mask at the time of the shooting. However, Rodriguez later explained to the police that Rivera was merely wearing a ski cap, leaving his face exposed. Although Rivera attributes great significance to this inconsistency, there was sufficient evidence to support a conviction. Stanfield also testified that Rivera wore a ski cap during the shooting, and that he pulled the cap off as he walked away from the scene of the crime. Both Rodriguez and Stanfield viewed Rivera under circumstances conducive to a positive identification. Rodriguez saw Rivera face-to-face while Rivera was pointing his gun at Delgado. Similarly, Stanfield looked directly at Rivera as he walked toward her house. Having observed Rivera at close range, both eyewitnesses were able to positively identify Rivera in a police lineup and again at trial. In light of this evidence, a rational trier of fact could have found proof of guilt beyond a reasonable doubt. The court sees no basis for disturbing the jury’s verdict.

Rivera also attacks his conviction on the grounds that the trial court erroneously admitted evidence of his gang affiliation. In spite of this argument, evidentiary rulings by a state trial court should rarely be the subject of habeas review. Cramer v. Fahner, 683 F.2d 1376, 1385 (7th Cir.), cert. denied, 459 U.S. 1016, 103 S.Ct. 376, 74 L.Ed.2d 509 (1982).

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Bluebook (online)
743 F. Supp. 575, 1990 U.S. Dist. LEXIS 11444, 1990 WL 126241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-ex-rel-rivera-v-peters-ilnd-1990.