Matthew Jamison v. Levern Cohen ( 2018 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-7466
MATTHEW JAMISON,
Petitioner - Appellee,
v.
LEVERN COHEN,
Respondent - Appellant,
and
BRYAN P. STIRLING,
Respondent.
Appeal from the United States District Court for the District of South Carolina, at
Beaufort. Margaret B. Seymour, Senior District Judge. (9:15-cv-02859-MBS)
Argued: October 30, 2018 Decided: December 3, 2018
Before NIEMEYER, THACKER, and RICHARDSON, Circuit Judges.
Vacated and remanded by unpublished by per curiam opinion.
ARGUED: Susannah Rawl Cole, OFFICE OF THE ATTORNEY GENERAL OF
SOUTH CAROLINA, Columbia, South Carolina, for Appellant. Gregory Dolin,
UNIVERSITY OF BALTIMORE SCHOOL OF LAW, Baltimore, Maryland, for
Appellee. ON BRIEF: Alan Wilson, Attorney General, Donald J. Zelenka, Deputy
Attorney General, Melody J. Brown, Senior Assistant Deputy Attorney General,
Alphonso Simon Jr., Assistant Attorney General, OFFICE OF THE ATTORNEY
GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellant. Polina
Katsnelson, Law Clerk, UNIVERSITY OF BALTIMORE SCHOOL OF LAW,
Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
2
PER CURIAM:
Warden Levern Cohen (“Appellant” or “State”) appeals from the district court’s
order granting habeas relief to Matthew Jamison (“Appellee”) pursuant to 28 U.S.C.
§ 2254. Appellee pled guilty to voluntary manslaughter for shooting and killing a
bystander in a crowd of people. He was sentenced to 20 years in prison. Over four years
later, during Appellee’s post-conviction proceedings in state court, an alleged eyewitness
submitted an affidavit and offered testimony supporting the notion that Appellee acted in
self defense.
The state post-conviction review (“PCR”) court determined that the eyewitness’s
affidavit and testimony constituted newly discovered evidence that warranted a new trial
under state law. However, on appeal the South Carolina Supreme Court developed a
modified test for considering whether a guilty plea (as opposed to a conviction) may be
undermined by newly discovered evidence. The state supreme court then applied that test
to Appellee, and, without offering him a hearing, held that Appellee did not meet that
test.
Appellee then filed the instant § 2254 petition in the district court, alleging that the
state supreme court violated his Fourteenth Amendment rights to due process and equal
protection. The district court granted relief, explaining that the state supreme court
should have remanded the case to the PCR court for a hearing and determination of
whether Appellee satisfied the new test.
We vacate and remand. Appellee challenges the constitutionality of a post-
conviction court’s decision not to afford him a hearing on a new state law test. But,
3
because Appellee challenges a proceeding collateral to detention, and not to the detention
itself, his claim is not cognizable on federal habeas review and should have been
dismissed.
I.
A.
Factual Background
In the spring of 2000, Appellee had some unfortunate encounters with a man
named Jamie Jackson, also known as “Jig,” and Jig’s companions. On one occasion, they
“beat [Appellee] up . . . pistol whipped him [and] shot at [him].” Jamison v. Cohen, 211
F. Supp. 3d 754, 757 (D.S.C. 2016). They also allegedly assaulted Appellee’s sister, and
during this incident, “hit [Appellee]’s child in the face.” Id. at 756.
On June 11, 2000, Appellee attended a party in Columbia, South Carolina, where
he was “approached by Jig and a number of his cohorts.” Jamison, 211 F. Supp. 3d at
756. Appellee opened fire toward Jig’s group, and as a result shot and killed a 15 year
old boy, who happened to be “at the wrong place . . . at the wrong time.” Id. at 757.
Appellee was indicted for murder with malice aforethought, but he pled guilty to the
lesser offense of voluntary manslaughter. He acknowledged that he was “giv[ing] up any
defenses [he] might have.” Id. at 757. Appellee was sentenced to 20 years in prison, and
he did not file a direct appeal. See id. at 758.
Over four years later, while Appellee’s first petition for PCR relief was
progressing through the state courts, an alleged eyewitness to the shooting, Theotis
Bellamy, signed an affidavit (the “Bellamy Affidavit”). He stated that on the night of the
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shooting, he “noticed that [Jig] appeared to have a gun” and “the other guys usually have
guns also.” S.J.A. 45. 1 Bellamy “saw [Jig and his entourage] approach [Appellee,] who
was minding his own business as usual.” Id. Then Jig “looked as if he was reaching for
his gun or something while approaching [Appellee] with some other[] fellas, so
[Appellee] did what he had to do to keep from being killed.” Id. Bellamy averred that
he did not give the statement earlier because he was “scared” of Jig -- Jig had told
Bellamy’s brother “if [Bellamy] told what had happened, something was going to happen
to [Bellamy].” Id. However, because Jig was in prison at the time of the affidavit,
Bellamy finally felt comfortable coming forward. See id. at 45, 61–62.
B.
State Court Proceedings
On November 28, 2006, Appellee filed a second petition for PCR relief, this time
based on the purported newly discovered evidence in the Bellamy Affidavit. The PCR
court held a hearing on Petitioner’s second PCR application, at which Bellamy testified
that Jig’s group “approached [Appellee] like they’re fixing to . . . pull out weapons.”
Jamison, 211 F. Supp. 3d at 762. Bellamy “knew Jig had a gun on him” that “he [was]
about to pull,” so, in his view, Appellee “had to defend himself.” Id. Bellamy also
testified that Jig pulled the victim in front of him and used him as a human shield that
night. See id.
1
References to “J.A.” and “S.J.A.” refer to the contents of the Joint Appendix and
Supplemental Joint Appendix, respectively, filed by the parties in this appeal.
5
On June 30, 2008, the PCR court issued an order explaining that “the eyewitness
testimony of Mr. Bellamy constituted newly discovered evidence that was material to a
claim of self-defense and warranted granting a new trial.” Jamison, 211 F. Supp. 3d at
762. The court found that Petitioner
had met the test set forth in State v. Spann, 334 S.C. 618, 513
S.E.2d 98 (1999); that is, the newly discovered evidence (1) is
such that it would probably change the result if a new trial
were granted; (2) has been discovered since the trial; (3)
could not in the exercise of due diligence have been
discovered prior to trial; (4) is material; (5) is not merely
cumulative or impeaching.
Id. (the “Spann test”).
After withdrawing this order in favor of holding further proceedings on an
unrelated procedural issue, on October 14, 2008, the PCR court upheld the original order
and awarded Appellee a new trial based on the “after-discovered evidence” of the
Bellamy Affidavit and testimony. See Jamison, 211 F. Supp. 3d at 763. The PCR court
stated:
While the record demonstrates that a claim of self-defense
was known to [Appellee] from the outset and that his attorney
tried to get someone to back up that claim, no one would
come forward. This Court is concerned about granting a new
trial because a claim of self-defense can be waived. Yet, no
law has been cited to the Court concerning whether the entry
of a guilty plea where self-defense was specifically
mentioned, constitutes a waiver of that defense and prohibits
granting a new trial on after-discovered evidence when
someone does not come forward to corroborate the claim . . . .
He was facing life imprisonment. He entered a plea to a
lesser offense because he could not get anyone to back up his
claim of self-defense.
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Id. (internal quotation marks omitted). The State then filed a petition for certiorari to the
South Carolina Court of Appeals, which granted the petition and affirmed the PCR court
in a short, per curiam order. See Jamison v. State, No. 2012-UP-437, 2012 WL
10862447 (S.C. Ct. App. July 18, 2012).
On May 16, 2013, the State appealed to the South Carolina Supreme Court,
arguing that the Spann test “applies only to trials, not guilty pleas,” and, by its nature, a
guilty plea constitutes a waiver of defenses. J.A. 184. On October 22, 2014, the South
Carolina Supreme Court reversed the Court of Appeals. First, it held that South Carolina
law “affords ‘any person’ the ability to seek post-conviction relief on the basis of newly
discovered evidence -- not just individuals convicted and sentenced following trial,” and
thus, it “reject[ed] the State’s claim that the waiver of trial and admission of guilt
encompassed in a guilty plea necessarily preclude post-conviction relief in all cases.”
See Jamison v. State, 765 S.E.2d 123, 129 (S.C. 2014) (emphasis in original).
Critically, however, the South Carolina Supreme Court then stated, “We
nevertheless acknowledge that a valid guilty plea must be treated as final in the vast
majority of cases,” and “there must be some consequence attached to the decision to
plead guilty.” Jamison, 765 S.E.2d at 129 (internal quotation marks omitted). It
reasoned that the “five-factor [Spann test] is not the proper test for analyzing whether a
PCR applicant is entitled to relief on the basis of newly discovered evidence following a
guilty plea.” Id. (emphasis supplied).
A majority of the state supreme court, against two dissenters, then sua sponte
fashioned a test for determining when relief is appropriate where a petitioner seeks relief
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based on newly discovered evidence after a guilty plea. That test is as follows: “(1) the
newly discovered evidence was discovered after the entry of the plea and, in the exercise
of reasonable diligence, could not have been discovered prior to the entry of the plea; and
(2) the newly discovered evidence is of such a weight and quality that, under the facts
and circumstances of that particular case, the ‘interest of justice’ requires the applicant’s
guilty plea to be vacated.” Id. at 130 (the “Jamison test”). Then, without remanding or
holding a hearing, the majority held that Petitioner did not meet that test. Specifically, it
held the “interests of justice do not require that [Appellee’s] guilty plea and sentence be
vacated.” Id. This is because “[Appellee] admitted having a gun and shooting the victim,
specifically waived his right to present any defense, and testified that he did so freely and
voluntarily.” Id. The state supreme court thus reinstated Appellee’s conviction and
sentence. See id. at 131.
On November 4, 2014, Appellee filed a petition for rehearing of the state supreme
court’s decision. He did not mention federal due process or equal protection, but he
“urge[d]” the state supreme court to “address the threshold matter of retroactivity and
find that the new rule must only be applied prospectively.” J.A. 231. A majority of the
state supreme court denied the petition without analysis.
C.
Federal Court Proceedings
On July 22, 2015, Appellee filed the instant § 2254 petition in the district court.
Appellee raised three claims: ineffective assistance of counsel, which is not at issue here;
due process violation because “the South Carolina Supreme Court . . . adopted the
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‘interest of justice’ test over the ‘traditional’ test and applied it retroactively,” J.A. 12;
and due process and equal protection violations “under full and fair hearing doctrine,”
i.e., he was “denied the full and fair opportunity along with [a] hearing in the state
court(s),” id. at 13.
Appellee filed a motion for summary judgment, which the district court granted in
relevant part. The district court explained, “[T]he case should have been remanded to the
second PCR judge in order for Petitioner to make his case for a new trial utilizing the
‘interest of justice’ test.” Jamison, 211 F. Supp. 3d at 769. The district court continued:
Under the[] facts [of this case] and the second PCR judge’s
decision that it would be fundamentally unfair to prevent
Petitioner from seeking to establish a claim of self-defense,
the affirmance of the second PCR judge by the South
Carolina Court of Appeals, and the dissenting opinion [in the
state supreme court] . . . , the court concludes that the South
Carolina Supreme Court majority’s application of a newly
created evidentiary rule was contrary to, or involved an
unreasonable application of, clearly established Federal law,
or was based on an unreasonable determination of the facts in
light of the evidence presented in the State court proceeding.
Id. The only United States Supreme Court law cited in this part of the decision was
Washington v. Texas, 388 U.S. 14 (1967), which, according to the district court,
establishes the “right [of Appellee] to present his own witnesses to establish a defense.”
Jamison, 211 F. Supp. 3d at 769. Appellant timely noted this appeal.
II.
When a claim has been adjudicated on the merits in state court, habeas relief is
permissible under the Antiterrorism and Effective Death Penalty Act (“AEDPA”) only if
the state court’s determination:
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(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). We review the district court’s analysis of § 2254 de novo. See Bell
v. Ozmint, 332 F.3d 229, 233 (4th Cir. 2003).
“[A] circuit judge, or a district court shall entertain an application for a writ of
habeas corpus in behalf of a person in custody pursuant to the judgment of a State court
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) (emphasis supplied). We address issues of
cognizability on collateral review de novo. See United States v. Foote, 784 F.3d 931,
935–36 (4th Cir. 2015).
III.
At the outset, we highlight the narrow scope of this appeal. As set forth in
Appellee’s response brief, he “is not asking to be released from confinement or even to
have his conviction set aside. Instead, he is merely seeking an opportunity to be properly
heard” in the form of a state court hearing “where he may present evidence that he has
met the new standard announced in his case by the State’s Supreme Court.” Appellee’s
Br. 3, 2. Further, in this appeal Appellee does not contend that rejection of the Spann test
and adoption of the Jamison test by the state supreme court violates federal law; rather,
he challenges the application of that test to his case without an opportunity to be heard.
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A.
A state prisoner must overcome many hurdles before a federal court may entertain
his § 2254 petition. First and foremost, a petitioner may obtain relief from a state court
judgment “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); see also Coleman v.
Thompson, 501 U.S. 722, 730 (1991).
Crucially, “[a] state prisoner has no federal constitutional right to post-conviction
proceedings in state court.” Lawrence v. Branker, 517 F.3d 700, 717 (4th Cir. 2008)
(citing Lackawanna Cty. Dist. Att’y v. Coss, 532 U.S. 394, 402 (2001)). Therefore, “even
where there is some error in state post-conviction proceedings, a petitioner is not entitled
to federal habeas relief because the assignment of error relating to those post-conviction
proceedings represents an attack on a proceeding collateral to detention and not to the
detention itself.” Id.; see Wright v. Angelone, 151 F.3d 151, 159 (4th Cir. 1998) (where a
petitioner argued that the state supreme court denied him equal protection when it
determined in a state collateral proceeding that he could be tried as an adult in circuit
court, there was no “basis for federal habeas relief” because the petitioner was “not . . .
detained as a result of” that determination); see also Bell-Bey v. Roper, 499 F.3d 752, 756
(8th Cir. 2007) (“Because the Constitution does not guarantee the existence of state post-
conviction proceedings, an infirmity in a state post-conviction proceeding does not raise a
constitutional issue cognizable in a federal habeas application.” (alterations, citations, and
internal quotation marks omitted)); United States v. Dago, 441 F.3d 1238, 1248 (10th Cir.
2006) (“[D]ue process challenges to post-conviction procedures fail to state constitutional
11
claims cognizable in a federal habeas proceeding.”); Bryant v. Maryland, 848 F.2d 492,
493 (4th Cir. 1988) (“[C]laims of error occurring in a state post-conviction proceeding
cannot serve as a basis for federal habeas corpus relief.”).
B.
Here, Appellee is “in custody” pursuant to a valid guilty plea, not the state
supreme court’s decision declining to give him a hearing on application of the Jamison
test. Significantly, Appellee does not point to any constitutional infirmity regarding his
guilty plea. Rather, he raises a due process and equal protection challenge to a state post-
conviction proceeding. This is quite simply an attack on a proceeding collateral to
detention, and not to the detention itself. Therefore, “because [Appellee’s] due[]process
claims relate only to the [state] court’s adjudication of his state post-conviction motion,
we are without power to consider them.” Lawrence, 517 F.3d at 717.
Instead, in his response brief, Appellee attempts to draw a comparison to Jackson
v. Virginia, 443 U.S. 307 (1979). See Appellee’s Br. 22, 23. In Jackson, the defendant
was found guilty after a bench trial of premeditated first-degree murder under Virginia
law. Jackson admitted that he shot and killed the victim, but he argued that he acted in
self defense, and that he was too intoxicated to form the requisite intent. See Jackson,
443 U.S. at 311. After sentencing, Jackson filed a petition for writ of error with the
Virginia Supreme Court, which alleged “the trial Court erred in finding [him] guilty of
first degree murder in light of the evidence introduced on behalf of the Commonwealth,
and on unwarranted inferences drawn from this evidence,” and he also “contended that an
affirmance would violate the Due Process Clause of the Fourteenth Amendment.” Id. at
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311 & n.4 (internal quotation marks omitted). The Virginia Supreme Court found no
reversible error. See id. at 311.
Jackson then filed a federal habeas petition, “raising the same basic claim,” and
the district court granted the petition, finding the record to be “devoid of evidence of
premeditation.” Jackson, 443 U.S. at 312. The Fourth Circuit reversed, and the Supreme
Court granted certiorari to consider the “narrow” question of whether a federal district
court, when reviewing a state court conviction after a trial, must consider whether “there
was any evidence to support” the conviction, or rather, whether there was sufficient
evidence “to justify a rational trier of the facts to find guilty beyond a reasonable doubt.”
Id. at 312–13 (emphasis in original). As such, that question “goes to the basic nature of
the constitutional right recognized in [In re Winship, 397 U.S. 358, 364 (1970) (holding
that a person may not be convicted “except upon proof beyond a reasonable doubt of
every fact necessary to constitute the crime with which he is charged”)].” Id. at 313.
This case is markedly different from Jackson, where the Court noted that
Jackson’s claim was “cognizable in a federal habeas corpus proceeding” because he
“alleges that the evidence in support of his state conviction cannot be fairly characterized
as sufficient to have led a rational trier of fact to find guilt beyond a reasonable doubt.”
443 U.S. at 321. Here, the judgment Appellee challenges is a state court order applying a
state law test to Appellee’s post-conviction petition without the benefit of a hearing. But
in Jackson, the petitioner challenged the validity of the underlying post-trial conviction,
pursuant to which he was being held in “custody.”
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Indeed, Appellee admits that “shortcomings in a State’s post conviction process
are not in and of themselves grounds for federal habeas relief.” Appellee’s Br. 26.
Instead, he suggests that because of the state supreme court’s ruling, he will never have a
chance to bring a Jackson sufficiency claim in state court; therefore, he will not (and did
not) have a chance to exhaust his remedies and then bring a federal petition to attack his
underlying guilty plea. But this argument turns § 2254 on its head. By its plain
language, § 2254(a) requires the petitioner -- first and foremost -- to be in custody
pursuant to a violation of the Constitution or federal law. The statute does not require the
state court to give Appellee the “opportunity” he seeks, id., i.e., multiple bites at the apple
to put himself in a position where a Jackson claim might finally be raised. 2
C.
At base, Appellee challenges the constitutionality of the state supreme court’s
decision to apply a new state law test to him without a hearing on post-conviction review.
The problem with this argument is that Appellee is simply not in custody pursuant to that
judgment. Rather, he is in custody pursuant to a guilty plea -- the validity of which he
does not challenge. Therefore, his petition is not cognizable and should have been
dismissed by the district court.
2
The district court cited Washington v. Texas, but that case established a person’s
Sixth Amendment right to present one’s own witnesses and establish a defense at a state
trial, in the face of a state statute that prevented accomplices from being witnesses for one
another. See 388 U.S. 14, 18–19 (1967). Contrary to the district court’s suggestion, it
does not stand for the proposition that a person who pleads guilty to a crime must be
entitled to a new trial with a new witness upon the discovery of new evidence.
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IV.
For the foregoing reasons, we vacate the district court’s judgment and remand
with instructions to dismiss Appellee’s petition.
VACATED AND REMANDED
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