Wood v. Ryan

268 F. Supp. 3d 297
CourtDistrict Court, D. Massachusetts
DecidedAugust 7, 2017
DocketCivil Action No. 15-13081-NMG
StatusPublished
Cited by3 cases

This text of 268 F. Supp. 3d 297 (Wood v. Ryan) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wood v. Ryan, 268 F. Supp. 3d 297 (D. Mass. 2017).

Opinion

MEMORANDUM & ORDER

GORTON, J.

William Wood (“Wood” or “petitioner”) was convicted of first-degree murder in Massachusetts Superior Court in 2009. He timely appealed that conviction to the Massachusetts Supreme Judicial Court (“SJC”). The appeal consisted of nine claims, including, inter alia, use of perjured testimony, sleeping juror, prosecutor’s press release influenced the jury, use of hearsay testimony and an inconsistent verdict. The SJC affirmed Wood’s convictions in August, 2014. Commonwealth v. Wood, 469 Mass. 266, 269, 14 N.E.3d 140 (2014). Wood filed this petition for habeas corpus in August, 2015, seeking federal relief from his state court conviction.

I. Background

Wood and co-defendant Quincy Butler (“Butler”) were tried and convicted by a jury for the murder of Betsy Tripp. Among several convictions returned relating to the incident, Wood was convicted of first-degree murder and Butler of second-degree murder.

[299]*299As a capital offense, Wood’s first-degree murder conviction was reviewed by the SJC on direct appeal. See M.G.L. c. 278 § 33E. The SJC issued a decision in Wood’s appeal in August, 2014. Wood, 469 Mass. at 266, 14 N.E.3d 140 (2014). Wood then timely filed his petition for writ of habeas corpus, pro se, in this Court in August, 2015.

At trial, Wood and Butler purportedly challenged six peremptory juror strikes made by the government under Batson. See Batson v. Kentucky, 476 U.S. 79, 139, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Wood alleges that the trial judge did not follow the proper procedure for Batson challenges because he did not require the government to provide a neutral explanation for those strikes. Although those claims were properly preserved at trial, Wood did not raise his Batson claims in his appeal before the SJC. Wood, 469 Mass. at 269, 14 N.E.3d 140 (2014).

Because second-degree murder is not a capital offense in Massachusetts, see M.G.L. c. 278 § 33E, Butler’s direct appeal followed standard appellate procedure and was decided in November, 2016, more than two years after Wood’s appeal was filed. Commonwealth v. Butler, 90 Mass.App.Ct. 599, 599, 62 N.E.3d 536 (2016). Butler’s appellate brief tracked Wood’s brief in large part but included the Batson claims.

The Massachusetts Appeals Court affirmed Butler’s conviction but the three-judge panel was split, with each judge writing a separate opinion. Id. at 599, 608, 612, 62 N.E.3d 536. Judge Rubin criticized the ruling of the Court fend opined that Butler was “entitled at least to a remand to the trial court to allow the Commonwealth to explain its challenges.” Id. at 617, 62 N.E.3d 536 (Rubin, J., dissenting). Concurring “with the majority opinion in every respect” but writing to add procedural context, Judge Trainor found it “inexplicable]” that Wood did not include the Batson claims in his appellate brief to the SJC. Id. at 609, 610, 62 N.E.3d 536 (Trainor, J., concurring).

Based on the limited success of his co-defendant, Wood seeks to move for a new trial. He moves for this Court to stay his petition and hold it in abeyance pending the disposition of his motion for a new trial. If that motion is successful, his habe-as petition would become moot. If it is unsuccessful, however, he .plans to file a motion to amend his habeas petition to include his claims based upon Batson and ineffective assistance of counsel.

I. Motion for Stay and Abeyance

A. Legal Standard

Ah individual who' petitions for habeas corpus relief is generally required to exhaust all claims in state court before seeking federal relief. Rose v. Lundy, 455 U.S. 509, 518-19, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982). When a petition contains a mixture of exhausted and' unex-hausted claim's, however, a court may exercise its discretion to stay the petition and hold it in abeyance until all claims are exhausted. Rhines v. Weber, 544 U.S. 269, 277-78, 125 S.Ct. 1528, 161 L.Ed.2d 440 (2005). For a United States District Court to grant a stay, the petitioner must demonstrate that there was good cause for failing to exhaust'state remedies, the claims are potentially meritorious and he is not intentionally engaging in dilatory tactics. Josselyn v. Dennehy, 475 F.3d 1, 4 (1st Cir. 2007) (citing Rhines, 544 U.S. at 278, 125 S.Ct. 1528). All three’factors must be established to justify a stay of the petition. Rhines, 544 U.S. at 277-78, 125 S.Ct. 1528.

When a petition does not present unexhausted claims but a petitioner plans to amend his the petition, it may be treated as analogous to a mixed petition under [300]*300the Rhines framework. See Lessieur v. Ryan, No. 16-CV-10831, 2016 WL 3661877, at *1 (D. Mass. June 27, 2016) (treating a motion to stay a habeas. petition to allow future amendment like a mixed petition); Roman v. Ryan, No. 12-30160-TSH, 2014 WL 6112112, at *2 (D. Mass. Oct. 10, 2014) (recognizing that a petitioner seeking further state review of an otherwise exhausted habeas petition is analogous to a mixed petition).

B, Analysis

Wood contends that the alleged ineffective assistance of his appellate counsel in failing to raise a Batson claim constitutes good cause that warrants a stay and abeyance. The First Circuit Court of Appeals (“First Circuit”) offers “little authority on what constitutes ‘gqod cause’ for failing to exhaust state remedies.” Watt v. Marchilli, 217 F.Supp.3d 434, 440 (D. Mass. 2016). Judges in the United States Court for the District' of Massachusetts generally have not allowed a stay for ineffective assistance of counsel. See, e.g., id.; Roman v. Ryan, No. 12-30160-TSH, 2014 WL 5112112, at *3 (D. Mass. Oct. 10, 2014); Ortiz v. Brady, 538 F.Supp.2d 361, 367 (D. Mass. 2008).

Other courts have found that ineffective assistance of counsel may constitute good cause, See Dixon v. Baker, 847 F.3d 714, 721 (9th Cir. 2017) (“[I]neffective assistance of post-conviction counsel could constitute good cause for a Rhines stay ...,”); Blake v. Baker, 745 F.3d 977, 983 (9th Cir. 2014) (“[Ineffective assistance of counsel] by post-conviction counsel can be good cause for a Rhines stay .,..”). For the purpose of this motion, this Court will presume that a showing of ineffective assistance of counsel would establish good cause for a stay under Rhines.

Based upon that assumption, the next step is to evaluate whether good cause, that is, ineffective assistance of counsel, exists in this case. To prevail on a claim of ineffective assistance of counsel under the Sixth Amendment, the petitioner must show that his representation by counsel 1) “fell -below an objective standard of reasonableness” and 2) “but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland v. Washington, 466 U.S. 668, 687-88, 104 S.Ct.

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Bluebook (online)
268 F. Supp. 3d 297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-ryan-mad-2017.