Hatfield v. Davis
Filing
9
INITIAL REVIEW ORDER - Petitioners Application to Proceed in Forma Pauperis (Dkt. 1 ) is GRANTED. Petitioners request for appointment of counsel (contained in the Petition) is DENIED without prejudice. Claim 2 of the Petition is DISMISSED with pre judice as non-cognizable. Petitioner will be permitted to proceed on Claim 1 at this time. The Clerk of Court will serve (via ECF) a copy of the Petition (Dkt. 3 ), along with any attachments, together with a copy of this Order, on L. LaMont Anderso n. (Notice sent to Finance), ( Case Management deadline set for 5/28/2025.). Signed by US Magistrate Judge Debora K Grasham. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (lm)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
SHAWN ERIC HATFIELD,
Case No. 1:24-cv-00551-DKG
Petitioner,
INITIAL REVIEW ORDER
v.
TYRELL DAVIS,
Respondent.
Petitioner Shawn Eric Hatfield has filed a Petition for Writ of Habeas Corpus
challenging his state court conviction. See Pet., Dkt. 3. The Court is required to review
every habeas corpus petition upon receipt to determine whether it should be served upon
the respondent, amended, or dismissed. If “it plainly appears from the face of the petition
and any attached exhibits that the petitioner is not entitled to relief in the district court,”
the petition must be summarily dismissed. Rule 4 of the Rules Governing Section 2254
Cases (“Habeas Rules”).
All parties have consented to the jurisdiction of a United States Magistrate Judge
to conduct all proceedings in this case in accordance with 28 U.S.C. § 636(c) and Federal
Rule of Civil Procedure 73. See Dkt. 7. Accordingly, the Court enters the following Order
permitting Petitioner to proceed on Claim 1 of the Petition.
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REVIEW OF PETITION
1.
Background
In a jury trial in the Fifth Judicial District Court in Twin Falls County, Idaho,
Petitioner was convicted of lewd conduct with a child under the age of sixteen. The
judgment of conviction was entered on February 11, 2024. Petitioner was sentenced to a
unified term of twenty-five years in prison with ten years fixed. Petitioner unsuccessfully
pursued a direct appeal as well as state post-conviction relief. Pet. at 1–3.
In the instant Petition for Writ of Habeas Corpus, Petitioner brings the following
claims. In Claim 1, Petitioner asserts that his trial counsel rendered ineffective assistance
in failing to call witnesses and in failing to pose certain questions of witnesses, including
Petitioner. Claim 1 includes no supporting facts—Petitioner has not identified any
witnesses that should have been called, nor has he identified any particular questions that
his attorney should have asked witnesses who were called. Id. at 6. Some facts in support
of Claim 1, however, appear in Claim 2 of the Petition.
In Claim 2, Petitioner asserts that he is actually innocent and that his postconviction counsel rendered ineffective assistance by failing to raise a claim of
ineffective assistance of trial counsel. Id. at 7. Petitioner’s trial counsel allegedly failed to
investigate or question witness Stashia Hartruft regarding a statement the victim made
that implicated a different perpetrator. Id.
Given these allegations, the Court construes Claim 1 as a claim of ineffective
assistance of trial counsel based on the Stashia Hartruft issue. To the extent Petitioner
intends Claim 1 to assert any additional trial-counsel ineffectiveness sub-claims, the
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Court will construe such additional sub-claims to the same extent they were raised in
state court—if they were indeed so raised.
2.
Discussion
Federal habeas corpus relief is available to prisoners who are held in custody
under a state court judgment that violates the Constitution, laws, or treaties of the United
States. See 28 U.S.C. § 2254(a). Habeas relief is not available for violations of state law,
such as claims of error during state post-conviction proceedings. Lewis v. Jeffers, 497
U.S. 764, 780 (1990); Franzen v. Brinkman, 877 F.2d 26, 26 (9th Cir. 1989) (per curiam).
Thus, Petitioner’s freestanding claim of ineffective assistance of post-conviction counsel,
asserted in Claim 2, must be dismissed.
Claim 2’s freestanding claim of actual innocence is also not cognizable, meaning
that it cannot be heard, in federal habeas corpus proceedings—at least in a noncapital
case like Petitioner’s. Stephenson v. Blades, No. 1:13-CV-00285-BLW, 2014 WL
3509448, at *7 (D. Idaho July 14, 2014) (unpublished); see Herrera v. Collins, 506 U.S.
390, 400 (1993) (“Claims of actual innocence based on newly discovered evidence have
never been held to state a ground for federal habeas relief absent an independent
constitutional violation occurring in the underlying state criminal proceeding.... This rule
is grounded in the principle that federal habeas courts sit to ensure that individuals are not
imprisoned in violation of the Constitution—not to correct errors of fact.”).
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For these reasons, the Court will dismiss Claim 2.1 Petitioner will be allowed to
proceed on Claim 1 at this time.
A petitioner must “exhaust” his state court remedies before pursuing a claim in a
federal habeas petition. 28 U.S.C. § 2254(b). To properly exhaust a claim, a habeas
petitioner must fairly present it as a federal claim to the highest state court for review in
the manner prescribed by state law. See O’Sullivan v. Boerckel, 526 U.S. 838, 845
(1999).
If, in this case, Petitioner did not properly exhaust Claim 1 in the Idaho Supreme
Court before filing his federal Petition, he may face procedural challenges from
Respondent. The Court does not have the full record before it to determine whether
Petitioner has properly exhausted this claim or whether, if he did not, he may be excused
from that default. The Court will order the Clerk of Court to serve the Petition upon
Respondent, who will be permitted to file an answer or a pre-answer motion for summary
dismissal and will be ordered to provide a copy of relevant portions of the state court
record to this Court.
Accordingly, Petitioner may proceed on Claim 1 of the Petition to the extent that
the claim was timely filed in this Court and was either properly exhausted in state court
or is subject to a legal excuse for any failure to exhaust in a proper manner.
Post-conviction counsel’s ineffectiveness can, in limited circumstances, constitute cause to excuse the
default of a claim of ineffective assistance of trial counsel. Martinez v. Ryan, 566 U.S. 1, 9 (2012). The
same is true with respect to an assertion of actual innocence. Herrera, 506 U.S. at 404.
1
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REQUEST FOR APPOINTMENT OF COUNSEL
Petitioner has requested appointment of counsel. Pet. at 10. There is no
constitutional right to counsel in a habeas corpus action. Coleman v. Thompson, 501 U.S.
722, 755 (1991). A habeas petitioner has a right to counsel, as provided by rule, if an
evidentiary hearing is required in the case. See Habeas Rule 8(c). In addition, the Court
may exercise its discretion to appoint counsel for an indigent petitioner in any case where
required by the interests of justice. 28 U.S.C. § 2254(h); 18 U.S.C. § 3006A(a)(2)(B).
Whether counsel should be appointed turns on the petitioner’s ability to articulate the
claims in light of the complexity of the legal issues and the petitioner’s likelihood of
success on the merits. See Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983) (per
curiam).
At this point, the Court concludes that, based on the evidence currently in the
record (Dkt. 3), it is unlikely that Petitioner will be able to meet the strict standards of 28
U.S.C. § 2254(d) for issuance of a writ of habeas corpus. Therefore, at this time the Court
will deny the request for appointment of counsel. The Court will notify the parties if it
determines, at a later date, that appointment of counsel may be appropriate.
ORDER
IT IS ORDERED:
1.
Petitioner’s Application to Proceed in Forma Pauperis (Dkt. 1) is
GRANTED. Petitioner must pay the $5.00 filing fee when Petitioner next
receives funds in Petitioner’s prison trust account.
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2.
Petitioner’s request for appointment of counsel (contained in the Petition) is
DENIED without prejudice.
3.
Claim 2 of the Petition is DISMISSED with prejudice as non-cognizable.
Petitioner will be permitted to proceed on Claim 1 at this time.
4.
The Clerk of Court will serve (via ECF) a copy of the Petition (Dkt. 3),
along with any attachments, together with a copy of this Order, on L.
LaMont Anderson, on behalf of Respondent, at Mr. Anderson’s registered
ECF address.
5.
Within 120 days after service of the Petition, Respondent may file either of
the following: (1) a motion for summary dismissal or partial summary
dismissal on procedural grounds (which may be followed by an answer on
the merits if the motion is unsuccessful); or (2) an answer on the merits that
also includes a brief summary (between one paragraph and several pages)
of any procedural defenses for any claims (which may be argued in the
alternative). The Court may consider the merits of claims that may be
subject to a procedural bar if the merits analysis is more straightforward
than a complicated procedural analysis.
6.
Respondent must file with the responsive pleading or motion, or within a
reasonable time thereafter, a copy of all portions of the state court record
previously transcribed that are relevant to a determination of the issues
presented. Any presentence investigation reports or evaluations—which
must be provided to the Court if the petition contains any sentencing
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claims—must be filed under seal. The lodging of the remainder of the state
court record, to the extent that it is lodged in paper format, is exempt from
the redaction requirements, as provided in District of Idaho Local Civil
Rule 5.5(c).
7.
If the response to the habeas petition is an answer, Petitioner must file a
reply (formerly called a traverse), containing a brief rebutting Respondent’s
answer and brief, which must be filed and served within 28 days after
service of the answer and brief. Respondent has the option of filing a surreply within 14 days after service of the reply. At that point, the case will
be deemed ready for a final decision.
8.
If the response to the habeas petition is a motion, Petitioner’s response must
be filed and served within 28 days after service of the motion, and
Respondent’s reply, if any, must be filed and served within 14 days
thereafter.
9.
In the response to the habeas petition, whether a pre-answer motion or an
answer and brief, Respondent must include citations to all portions of the
state court record that support Respondent’s assertions. Although
Respondent may include citations to a state appellate court decision that
describes events that took place in a lower court, Respondent must also
include citations to the underlying lower court record.
10.
If any of Petitioner’s claims is currently under consideration in state court
proceedings, any party may file a motion to stay this case pending the
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outcome of those proceedings. See Rhines v. Weber, 544 U.S. 269, 277–78
(2005); Mena v. Long, 813 F.3d 907, 908 (9th Cir. 2016).
11.
No party may file supplemental responses, replies, affidavits, or other
documents not expressly authorized by the Local Rules or by this Order
without first obtaining leave of Court.
12.
No discovery may be undertaken in this matter unless a party obtains prior
leave of Court, pursuant to Rule 6 of the Habeas Rules.
13.
The parties may, but need not, file the following in this matter: (1) notices
of non-objections to motions to which they do not object; (2) responses to
motions for appointment of counsel; (3) responses to motions that are
meritless, frivolous, or filed in contravention of this Order; or (4) notices of
intent not to file a reply. The Court will notify the parties if additional
briefing is required on any issue.
14.
Each party must ensure that all documents filed with the Court are
simultaneously served via the ECF system or by first-class mail upon the
opposing party (through counsel if the party has counsel), pursuant to
Federal Rule of Civil Procedure 5. Each party must sign and attach a proper
mailing certificate to each document filed with the court, showing the
manner of service, date of service, address of service, and name of the
person upon whom service was made, or as specified by the applicable ECF
rules. The Court will not consider ex parte requests unless a motion may be
heard ex parte according to the rules and the motion is clearly identified as
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requesting an ex parte order, pursuant to Local Rule 7.2. (“Ex parte” means
that a party has provided a document to the court, but that the party did not
provide a copy of the document to the other party to the litigation.)
15.
All Court filings requesting relief or requesting that the Court make a ruling
or take an action of any kind must be in the form of a pleading or motion,
with an appropriate caption designating the name of the pleading or motion,
served on all parties to the litigation, pursuant to Federal Rules of Civil
Procedure 7, 10 and 11, and Local Rules 5.2 and 7.1. The Court will not
consider requests made in the form of letters.
16.
Petitioner must at all times keep the Court and Respondent advised of any
change in address.
17.
If Petitioner’s custodian changes at any point during this litigation,
Petitioner must file a Notice of Substitution of Respondent, within 28 days
of such change, identifying the person who is substituted as Respondent.
See Fed. R. Civ. P. 25(d); Habeas Rule 2(a).
DATED: January 28, 2025
_________________________
Honorable Debora K. Grasham
United States Magistrate Judge
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