Wilson v. Hurley

108 F. App'x 375
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 30, 2004
DocketNo. 03-3481
StatusPublished
Cited by4 cases

This text of 108 F. App'x 375 (Wilson v. Hurley) 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
Wilson v. Hurley, 108 F. App'x 375 (6th Cir. 2004).

Opinion

ROGERS, Circuit Judge.

DeShaun Wilson was convicted of numerous felonies after a home invasion/robbery/attempted murder. The state trial court determined that he should serve most of his sentence consecutively for a total imprisonment of 43 years and 11 months. Wilson’s conviction and sentence were affirmed on direct appeal. State v. Wilson, No. 99AP-1259, 2000 WL 1639621 (Ohio Ct.App. Nov. 2, 2000). In its opinion, the Ohio Court of Appeals noted that it did “not address whether the court made the statutorily required findings and explanations upon imposing the consecutive sentences because [Wilson] has not requested us to do so.” Id. at *8.

Apparently prompted by this language, Wilson filed a motion to reopen asserting that his appellate counsel had been ineffective in failing to argue that the trial court had not sufficiently explained the reasons for the imposition of the consecutive sentences, as required by Ohio Revised Code § 2929.14(E)(4). The Ohio Court of Appeals denied Wilson’s motion because it found that reasonable counsel could decide to forgo a procedural point and focus on substantive issues that would more likely result in an eventual sentence reduction.

On January 11, 2002, Wilson filed the current motion for writ of habeas corpus, alleging the same ineffective assistance of appellate counsel claim. The district court adopted the magistrate judge’s report and recommendation, which recommended that the writ be denied because Wilson failed to demonstrate that his attorney’s performance was ineffective as outlined by Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Wilson now appeals the district court’s decision.

This court applies de novo review of the district court’s judgment in a habeas preceding. Maples v. Stegall, 340 F.3d 433, 436 (6th Cir.2003). Since Weaver filed his habeas petition after April 24, 1996, the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), 28 U.S.C. § 2254(d), standards apply. Under AED-[377]*377PA, federal courts can grant writs of habeas corpus only if the state court adjudication of the issue on the merits:

(1) 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; or
(2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.

28 U.S.C. § 2254(d).

Under the “contrary to” clause, federal courts may only grant the petitioner’s writ if the state court’s decision contradicts Supreme Court precedent on a question of law or if, in a case with facts materially indistinguishable from a Supreme Court case previously decided, the state court reaches an outcome different from that required by the Supreme Court’s decision. Williams v. Taylor, 529 U.S. 362, 405-06, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000). The “unreasonable application” clause permits a federal court to grant habeas relief only if the state court unreasonably applies a correct legal principle to the facts of the case. Id. at 411. The Supreme Court has cautioned that 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 law erroneously or incorrectly. Rather, that application must also be unreasonable.” Id. at 411.

The test for determining ineffective assistance of appellate counsel is the same as the test for ineffective assistance of trial counsel. See Bransford v. Brown, 806 F.2d 83, 86 (6th Cir.1986). Ineffective assistance of counsel claims are typically governed by Strickland, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674, in which the Supreme Court established a two-part inquiry:

First, the defendant must show that counsel’s performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the “counsel” guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel’s errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable. Unless a defendant makes both showings, it cannot be said that the conviction or death sentence resulted from a breakdown in the adversary process that renders the result unreliable.

Id. at 687.

In determining whether an attorney’s conduct was deficient under the performance requirement, the Supreme Court has stressed that “the proper standard for attorney performance is that of reasonably effective assistance ... viewed as of the time of counsel’s conduct,” and considered “in light of all the circumstances.” Id. at 687, 690. The Supreme Court continued:

Judicial scrutiny of counsel’s performance must be highly deferential.... Because of the difficulties inherent in making the evaluation, a court must indulge a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance; that is, the defendant must overcome the presumption that, under the circumstances, the challenged action “might be considered sound trial strategy.”

Id. at 689 (citation omitted); see also Miller v. Francis, 269 F.3d 609, 615 (6th Cir.2001); Cobb v. Perini, 832 F.2d 342, 347 (6th Cir.1987).

The Ohio Court of Appeals neither unreasonably applied clearly established federal law, nor based its decision on an [378]*378unreasonable determination of the facts presented. Wilson unsuccessfully presents three arguments to demonstrate that his state appellate counsel was ineffective. First, Wilson alleges that the Ohio appellate court unreasonably applied Supreme Court precedent by failing to inquire into the reasonableness of his appellate counsel’s strategy. Second, he claims that the state appellate court inappropriately relied on a procedural/substantive distinction. Third, Wilson maintains that the Ohio Court of Appeals wrongly concluded that he would not likely obtain relief if the case were remanded.

To begin, Wilson asserts that the Ohio Court of Appeals acted contrary to Supreme Court precedent by failing to assess the reasonableness of his appellate counsel’s performance. See Strickland, 466 U.S. at 690 (“Thus, a court deciding an actual ineffectiveness claim must judge the reasonableness of counsel’s challenged conduct on the facts of the particular case, viewed as of the time of counsel’s conduct.”); Burger v. Kemp,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Talkington
345 P.3d 258 (Supreme Court of Kansas, 2015)
Render v. Warden, Southern Ohio Correctional Facility
889 F. Supp. 2d 1014 (S.D. Ohio, 2012)
Minor v. Wilson
213 F. App'x 450 (Sixth Circuit, 2007)
Wilson v. Hurley, Warden
543 U.S. 1160 (Supreme Court, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
108 F. App'x 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-hurley-ca6-2004.