Woods v. Pierce

967 F. Supp. 2d 1013, 2013 WL 4874977, 2013 U.S. Dist. LEXIS 130212
CourtDistrict Court, D. Delaware
DecidedSeptember 11, 2013
DocketCiv. No. 10-952-SLR
StatusPublished
Cited by2 cases

This text of 967 F. Supp. 2d 1013 (Woods 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
Woods v. Pierce, 967 F. Supp. 2d 1013, 2013 WL 4874977, 2013 U.S. Dist. LEXIS 130212 (D. Del. 2013).

Opinion

MEMORANDUM OPINION

ROBINSON, District Judge

I. INTRODUCTION

Petitioner Bernard F. Woods (“petitioner”) is a Delaware inmate in custody at the James T. Vaughn Correctional Center in Wilmington, Delaware. Presently before the court is petitioner’s application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. (D.I. 1) For the reasons that follow, the court will dismiss his application.

II. FACTUAL AND PROCEDURAL BACKGROUND

In July and September 2007, two separate controlled buys of crack cocaine occurred between petitioner and two different confidential informants. (D.I. 14, State’s Ans. Br. in Woods v. State, No.567,-2009 at 1-6) The first controlled buy involved confidential informant one, petitioner, and Wayne Campbell, a person who sold drugs with petitioner. The second controlled buy involved confidential informant two, petitioner, and a woman named Tiffany, another person who sold drugs [1020]*1020with petitioner. In September 2007, following the second controlled buy, the New Castle County police obtained search warrants for (1) Wayne Campbell’s residence at 111 Schafer Blvd., and (2) petitioner’s residence at 201 Werden Drive. Id.

New Castle County Police officers simultaneously executed the warrants on September 12, 2007. Id. At 201 Werden Drive, the police found Campbell inside his residence with a pit bull. The pit bull attacked the officers and they subdued the dog with a taser. During their search of the residence, the officers located a digital scale, colored baggies used for packaging drugs, and documents indicating that Campbell lived at the residence. Id.

When officers executed the search warrant at 111 Schafer Blvd., petitioner was outside the residence on the front yard speaking with a female parked in a car. Officers Grant and Grajewski attempted to detain petitioner, but he would not comply and became combative. The officers tased petitioner several times to no effect. Petitioner punched both of the officers during the struggle and was only subdued after a police K-9 unit was deployed. Once Officer McDermott placed petitioner in his patrol car, McDermott observed petitioner discard a baggie containing a large rock of crack cocaine from his person onto the floorboard of the patrol car. This baggie was recovered and later tested positive for crack cocaine with a weight of 15.3 grams. Id.

The officers then searched inside 111 Schafer Blvd, where petitioner resided with two of his relatives. Id. They found a small quantity of marijuana, two digital scales, plastic baggies, a pipe, 1.9 grams of crack cocaine, .380 ammunition, thirty-nine rounds of 9 mm ammunition, two ballistic vests, and a .38 revolver. Id. at 7. In the upstairs bedroom, which belonged to petitioner’s parents, officers located nine handguns and five rifles. Id.

During a post -Miranda videotaped interview, petitioner admitted that he had been selling crack for two months and that the rock of crack he had discarded in the police car was given to him for an unpaid debt. Id. Petitioner also stated that the guns in his parents’ room used to belong to him, but that he gave them to his father after petitioner’s first felony conviction. Petitioner admitted that he was aware the guns were in the residence, and also stated that he had placed two handguns in the ceiling of the basement, a 9 mm and a .38 caliber. Id.

Although the officers had discovered the .38 caliber during the search of 111 Schafer Blvd., they had not discovered the 9 mm. Therefore, another search warrant was obtained based on this information and executed on September 13, 2007. The 9 mm in question was located during the search of the basement ceiling and logged into evidence. Id.

In February 2008, petitioner pled guilty to one count each of delivery of cocaine, possession of a deadly weapon by a person prohibited, second degree conspiracy, and possession of a firearm during the commission of a felony. See Woods v. State, 994 A.2d 745 (Table), 2010 WL 1664008 (Del. Apr. 26, 2010). The Superior Court immediately sentenced him to a total of twenty-nine years of incarceration, suspended after the mandatory minimum fifteen years for a period of probation. Petitioner did not file a direct appeal. Id.

In June 2008, petitioner filed a pro se motion for post-conviction relief pursuant to Delaware Superior Court Criminal Rule 61, and then filed three amendments thereto. Id. In July 2009, a Superior Court Commissioner recommended that petitioner’s Rule 61 motion be denied. A Superior Court judge adopted that recom[1021]*1021mendation in September 2009, and denied the motion. The Delaware Supreme Court affirmed that judgment. Id.

Petitioner timely filed a § 2254 application in this court. (D.1.1) The State filed an answer (D.I. 12), arguing that the all of the claims asserted therein fail to warrant relief under § 2254(d).

III. GOVERNING LEGAL PRINCIPLES

A. Exhaustion and Procedural Default

A federal court may consider a habeas petition filed by a state prisoner only “on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a). One prerequisite to federal habeas review is that a petitioner must exhaust all remedies available in the state courts. See 28 U.S.C. § 2254(b)(1). The exhaustion requirement is grounded on principles of comity to ensure that state courts have the initial opportunity to review federal constitutional challenges to state convictions. Werts v. Vaughn, 228 F.3d 178, 192 (3d Cir.2000). A petitioner satisfies the exhaustion requirement by “fairly presenting” the substance of the federal habeas claim to the state’s highest court, either on direct appeal or in a post-conviction proceeding, and in a procedural manner permitting the state courts to consider it on the merits. See Duncan v. Henry, 513 U.S. 364, 365, 115 S.Ct. 887, 130 L.Ed.2d 865 (1995); Castille v. Peoples, 489 U.S. 346, 351, 109 S.Ct. 1056, 103 L.Ed.2d 380 (1989); Lambert v. Blackwell, 134 F.3d 506, 513 (3d Cir.1997).

A petitioner’s failure to exhaust state remedies will be excused if state procedural rules preclude him from seeking further relief in state courts. Lines v. Larkins, 208 F.3d 153, 160 (3d Cir.2000); see Teague v. Lane, 489 U.S. 288, 297-98, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989). Although treated as technically exhausted, such claims are nonetheless procedurally defaulted. Lines, 208 F.3d at 160; Coleman v. Thompson, 501 U.S. 722, 750-51, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991).

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967 F. Supp. 2d 1013, 2013 WL 4874977, 2013 U.S. Dist. LEXIS 130212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woods-v-pierce-ded-2013.