Blackburn v. Griffith
Filing
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the petition of Giordanio Blackburn for a writ of habeas corpus relief is DENIED. Signed by District Judge Audrey G. Fleissig on 9/14/2020. (AFC)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
GIORDANIO A. BLACKBURN,
Petitioner,
v.
CINDY GRIFFITH,
Respondent.
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Case No. 4:17-cv-02182-AGF
MEMORANDUM AND ORDER
This matter is before the Court on the pro se petition of Missouri state prisoner
Giordanio Blackburn for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.
Petitioner is an inmate in the Potosi Correctional Center. 1 Petitioner was convicted of
first-degree murder, kidnapping, child kidnapping, and three counts of armed criminal
action in connection with the shooting death of Mr. Al-Regis Clay in January 2009.
Petitioner was sentenced to life in prison without parole for first-degree murder, 15 years
for kidnapping, and life sentences on the remaining counts, all to run concurrently. In his
federal habeas petition, Petitioner asserts three claims of trial court error and ineffective
assistance of counsel. For the reasons set forth below, habeas relief will be denied.
Cindy Griffith was the Warden at the Potosi Correctional Center when Petitioner
filed the present petition. She has since been succeeded by Mr. Stan Payne, whom
Petitioner names as the proper respondent as of the date of Petitioner’s traverse. ECF No.
19 at FN 1.
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BACKGROUND
A jury trial took place from July 18 to 20, 2011. The evidence at trial showed the
following, as summarized by the Missouri Court of Appeals in Petitioner’s direct appeal:
On January 20, 2009, J.W., her boyfriend, A.- R.C., and her three-year-old
child, T.G., were living in an apartment in St. Louis County. At about 10:30
that night J.W., T.G., and A.-R.C. were in the bedroom. A.- R.C. left the
bedroom, and J.W. heard stumbling on the steps and glass falling. A.-R.C.
returned to the bedroom with blood on his shirt and attempted to make a
phone call. Defendant then came into the bedroom with a gun in his hand
and shot A.-R.C. three times in front of J.W. and T.G., killing A.-R.C.
Defendant, with the gun in his hand, told J.W. to "come the fuck on."
Defendant picked T.G. up and left the home through the back door, which
had been shot out. J.W. said she wanted to stay, but went with Defendant
because he had a gun. She was wearing only a bra and scrub pants. Defendant
again told J.W. to "come on," and she followed him to a van. Two men
occupied the driver's seat and front passenger seat. Defendant, who still had
the gun and T.G., got in the rear driver's-side seat with T.G., and J.W. got in
the rear passenger-side seat. While the van proceeded to a house, Defendant
told J.W. to look him in the eyes and say that she would not say anything
about the shooting. After stopping at the first house, they went to another
house, where J.W. and Defendant went to an upstairs room and Defendant
again warned J.W. not to say anything about the shooting. They remained in
the room 45 minutes and Defendant told J.W. to change her pants because
there was blood on her pants leg. Defendant, the original driver, the original
front seat passenger, J.W., T.G., and others then left the house in the van, and
J.W. and T.G. were dropped off at J.W.'s mother's house. Upon seeing J.W.
get out of the van, J.W.'s mother ran outside, saying that A.-R.C. had been
shot. J.W. told her to "shut up" and get back in the house because Defendant
was in the van and she did not want him "to do no harm to us." J.W. was
crying and then started vomiting. When the police arrived, they described
J.W. as "scared to death" and too afraid to reveal the names of Defendant and
the others. She did not identify Defendant and the others until she was at the
police station and after the police informed her that A.-R.C. was dead.
ECF No. 12-5 at pp. 2-3. State v. Blackburn, 383 S.W.3d 490 (Mo. App. E.D. 2012). 2
2
The Court of Appeals issued a per curiam order summarily affirming the
judgment, along with an unpublished memorandum setting forth the facts and analysis
restated herein, pursuant to Mo. Sup. Ct. Rule 30.25(b).
2
One of the other men involved in the crime, Terrance Washington, pleaded guilty
for his involvement in the murder and testified against Petitioner in the underlying
criminal trial as part of his plea deal. ECF No. 12-1 at pp. 407-497. Because there was
no physical evidence placing Petitioner at the scene of the crime, the State relied heavily
on the testimony of J.W. and Washington to establish Petitioner’s guilt.
Central to Petitioner’s theory of defense, his trial counsel emphasized the lack of
physical evidence confirming Petitioner as the shooter. In particular, there was no blood
spatter on any of Petitioner’s clothing, though he was alleged to have shot Clay at close
range. Counsel suggested that J.W. misidentified Petitioner because she was “scared out
of her mind.” ECF No. 12-1 at 169-170. Counsel further argued that Washington was
not a credible witness because he had previously lied under oath and had taken a plea
deal in exchange for his testimony against Petitioner. ECF No. 12-1 at 484-485.
Petitioner also testified on his own behalf and asserted that, though he and several
acquaintances drove to Clay’s house on the night in question, Petitioner stayed in the van
and had no part in crimes. ECF No 12-1 at pp. 504-580.
Closing Argument
During closing arguments, Petitioner’s counsel theorized that the lack of blood or
DNA on Petitioner’s clothing, in contrast to the large amount of blood spatter around the
victim’s bedroom, meant that Petitioner could not have been present when Clay was
fatally shot at close range.
Unless you can figure out a way to dry everything out and still be wearing
it and somehow the DNA evidence disappears, and somehow all of these
things are being worn at the time and the blood is being splattered, and
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you’re standing at pointblank range, you can’t convict him. The physical
evidence won’t allow it. The absence of physical evidence won’t allow it.
ECF No. 12-1 at pp. 611. In rebuttal, the prosecutor countered that DNA evidence was
not necessary for the State to carry its burden and, in any event, the absence of blood on
J.W. was not significant because no blood had been found on the child’s clothing either.
Ladies and gentlemen, this is important, this is very important. If you don’t
follow the evidence in this case, and you don’t follow the law in this case,
and you require the state to produce DNA evidence, then you have not
followed the instructions and law here. I want you to think about this. Who
else was in that room when [Clay] got shot? Who else was in there? [J.W.]
and she says [Petitioner]. Who else? [T.G.] Where was [T.G.]? Foot of the
bed. No evidence testimony [T.G.] had blood on him, zero.
ECF No. 12-1 at pp. 618-619. Defense counsel objected, arguing that the prosecution
was improperly shifting the burden of proof onto Petitioner to explain the lack of DNA
evidence, when the police made no attempt to collect evidence from the child’s clothing.
ECF No. 12-1. at p. 619-620. The trial court sustained the objection, and the prosecutor
continued:
There was no evidence anybody else in that room had blood on them. No
evidence at all. [J.W.] had blood on her. And no evidence other than AlRegis had blood on him. Four people in the room, [J.W.] and Al-Regis had
blood on them. That kills their theory, and they know that.
ECF No. 12-1 at p. 621. Petitioner’s counsel did not object to this argument.
As the theory of defense addressing J.W.’s testimony identifying Petitioner as the
shooter, defense counsel argued that it was a case of “misidentification by a woman who
is scared out of her mind.” ECF No. 12-1 at p. 169-170. On cross-examination of J.W.,
counsel attempted to establish that J.W. implicated Petitioner as the shooter because she
knew Washington longer. ECF No. 12-1 at p. 229. In closing argument, the prosecutor
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argued, “The defense seems to be either she’s mistaken – remember that? … But as the
case went on, it seems to be they are calling her a liar.” ECF No. 12-1 at p. 598. In
rebuttal, defense counsel clarified that J.W. was not mistaken but rather “scared out of her
mind” and more afraid of Washington than of Petitioner,” (ECF No. 12-1 at p. 599),
implying that she deliberately misidentified Petitioner.
As stated above, the jury found Petitioner guilty of murder in the first degree,
kidnapping, child kidnapping, and three counts of armed criminal action. The trial court
sentenced Petitioner to life in prison without parole on the murder conviction, 15 years
for kidnapping, and life sentences on the remaining counts, all to be served concurrently.
Direct Appeal
On direct appeal, Petitioner, through appointed counsel, argued that the trial court
erred in entering judgment as to the kidnapping of J.W. and the related charge of armed
criminal action because there was insufficient evidence to establish that Petitioner
forcibly removed J.W. from her residence by forcible compulsion and without her
consent for the purpose of terrorizing her, as the verdict director required. ECF No. 12-2
at p. 15 (citing Mo. Rev. Stat. § 565.110); ECF No. 12-4 at p. 40.
The appellate court affirmed the judgment, reasoning that actual force is not a
necessary element of kidnapping; rather, it is sufficient for the victim to submit out of a
fear of force. ECF No. 12-5, p. 4 (citing State v. Blackmon, 664 S.W. 2d 644, 648 (Mo.
App. S.D. 1984). The court noted that forcible compulsion is defined as “a threat,
express or implied, that places a person in reasonable fear of death, serious physical
injury, or kidnapping of such person or another person.” Mo. Rev. Stat. § 556.061.
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Applying these concepts to the pertinent facts in the record – i.e., that Petitioner shot Clay
at close range, took J.W.’s small child, and told her to “come the f*ck on” – the court
concluded that the evidence was sufficient for the jury to infer an implied threat and nonconsensual removal. ECF No. 12-5 at p. 4-5. As such, the appellate court found no error
in the trial court’s denial of Petitioner’s motion for judgment of acquittal.
Petitioner did not seek rehearing or transfer to the Supreme Court of Missouri.
ECF No. 2 at 2.
State Post-Conviction Proceedings
In February 2013, Petitioner filed a timely pro se motion for post-conviction relief,
which was subsequently amended by appointed counsel. ECF No. 12-6 at pp. 21-42. In
his amended motion, Petitioner claimed that trial counsel was ineffective for (1) failing to
request a mistrial, or at least move to strike the prosecutor’s closing argument, and (2) for
failing to develop a consistent theory with respect to J.W.’s testimony. 3 The trial court
denied the motion without an evidentiary hearing (ECF No. 12-6 at pp. 55-63), and the
3
Appointed counsel filed the amended motion in June 2013. The trial court denied
that motion without an evidentiary hearing, and Petitioner appealed. The appellate court
reversed and remanded for an inquiry into whether Petitioner was abandoned by counsel
given that the amended motion was untimely. ECF No. 12-6 at p. 44; Blackburn v. State,
468 S.W.3d 910 (Mo. App. E.D. 2015). On remand, the trial court found that Petitioner
had been abandoned by counsel and thus allowed the amended motion to be filed out of
time. ECF No. 12-6 at p. 54. The court then again denied the motion on the merits (ECF
No. 12-6 at pp. 55-63), prompting Petitioner’s second post-conviction appeal quoted
herein. The substantive claims in Petitioner’s amended motion remained the same
throughout these proceedings in state court.
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appellate court affirmed that judgment. ECF No. 12-9; Blackburn v. State, 502 S.W.3d
88 (Mo. App. E.D. 2016). 4
On Petitioner’s first claim, the appellate court found no basis for a finding of
ineffectiveness because, as an initial matter, the trial court should not have sustained
counsel’s objection in the first place given that the State may argue inferences from the
evidence or lack thereof. ECF No. 12-9 at p. 8-9. Logically, then, counsel was not
ineffective for failing to request relief to which Petitioner was not entitled. ECF No. 12-9
at p. 9. Further, the court observed, the trial judge ruling on the post-conviction motion
also presided over the criminal trial and stated that she would not have granted a mistrial
or curative instruction even had counsel asked, so there was no reasonable probability
that the outcome of the trial would have been different. ECF No. 12-9 at pp. 9-10.
The appellate court also rejected Petitioner’s second post-conviction claim that
counsel was ineffective for failing to develop a consistent theory of defense with respect
to J.W.’s witness identification. In reviewing the trial record, the court determined that
defense counsel was not inconsistent in his theory regarding J.W.’s identification; rather,
the prosecutor mischaracterized counsel’s argument (as one of mistaken identification
rather than intentional misidentification) to create an inconsistency, which defense
counsel corrected on rebuttal. ECF No. 12-9 at pp. 10-11. Ultimately, the appellate court
found no error in the trial court’s findings that counsel demonstrated reasonable
4
The Court of Appeals issued a per curiam order summarily affirming the
judgment, along with an unpublished memorandum setting forth the facts and analysis
restated herein, pursuant to Mo. Sup. Ct. Rule 84.16(b).
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competence and there was no reasonable probability of a different result had counsel
argued differently. ECF No. 12-9 at p. 11.
Federal Habeas Petition
Following the appellate court’s affirmance, Petitioner filed his petition for writ of
habeas corpus in this Court on July 28, 2017. With one exception noted further below,
Petitioner raises the same grounds for federal habeas relief as he raised in state court: (1)
that the evidence was insufficient to support a conviction for kidnapping and its related
charge of armed criminal action; (2) that trial counsel was ineffective for failing to
request a mistrial or a curative instructive in response to the prosecutor’s closing
argument; and (3) that trial counsel was ineffective for failing to develop a consistent
theory regarding J.W.’s testimony identifying Petitioner as the shooter.
Respondent maintains that the petition should be denied because the Missouri
Court of Appeals properly decided these questions and its decisions are entitled to
deference under 28 U.S.C. § 2254(d).
DISCUSSION
Legal Standard
Federal habeas relief is available to 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). Where a claim has been adjudicated on the merits in state court,
the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) provides that
habeas relief cannot be granted unless the state court’s adjudication:
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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
proceedings.
28 U.S.C. § 2254(d).
The Sixth Amendment guarantees a criminal defendant the right to effective
assistance of counsel. Strickland v. Washington, 466 U.S. 668, 686 (1984). In order to
show ineffective assistance of counsel, a petitioner must show that counsel’s performance
was deficient and that the deficient performance prejudiced his defense. Id. at 687.
When considering an attorney’s performance, the court must indulge a strong
presumption that the conduct was reasonable, and the petitioner must overcome the
presumption that, under the circumstances, the challenged action might be considered
sound trial strategy. Paulson v. Newton Corr. Facility, 773 F.3d 901, 904 (8th Cir. 2014)
(citation omitted). In other words, the petitioner must show that “counsel made errors so
serious that counsel was not functioning as the ‘counsel’ guaranteed the defendant by the
Sixth Amendment.” White v. Dingle, 757 F.3d 750, 752 (8th Cir. 2014). In order to
show prejudice, a petitioner must show that “there is a reasonable probability that, but for
counsel’s unprofessional errors, the result of the proceeding would have been different.”
Id. at 753.
When addressing claims that were addressed by state courts, “[t]aken together,
AEDPA and Strickland establish a doubly deferential standard of review.” Williams v.
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Roper, 695 F.3d 825, 831 (8th Cir. 2012). It is not sufficient for a petitioner to “show
that he would have satisfied Strickland’s test if his claim were being analyzed in the first
instance.” Bell v. Cone, 535 U.S. 685, 698-99 (2002). “Rather, he must show that the
[state court] applied Strickland to the facts of his case in an objectively unreasonable
manner.” Id. at 699.
Kidnapping Conviction
As relevant here, the Missouri statute defines kidnapping as “remov[ing] another
without his or her consent … for the purpose of … inflicting injury on or terrorizing the
victim or another.” Mo. Rev. State §565.110. The jury instruction further specified that
J.W. was removed from her home “by means of forcible compulsion.” ECF No. 12-4 at
p. 40.
For his first claim, Petitioner asserts that the evidence adduced at his criminal trial
was insufficient to support a kidnapping conviction because he did not explicitly threaten
J.W. when removing her from the residence. ECF No. 1 at p. 16. He suggests that J.W.
consented to leaving her residence with him and the other men insofar as “[s]he followed
[Petitioner] on her own.” ECF No. 19 at p. 4. But, as the Missouri Court of Appeals
observed, actual use of force is not a necessary element of kidnapping under Missouri
law; rather, the victim can be prompted to submit out of fear. ECF No. 12-5 at p. 4,
citing State v. Blackmon, 664 S.W.2d 644, 648 (Mo. App. S.D. 1984). Here, the evidence
in the underlying trial record reflects that Petitioner fatally shot J.W.’s boyfriend (Clay)
at close range, picked up her small child and headed out the back door while still holding
the gun, and told her to “come the f*ck on.” J.W. and her son were placed in a van and
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taken to two other locations before they were deposited at her mother’s residence, where
J.W. urged her mother into the house for fear that Petitioner would harm them. ECF No.
12-1 at pp. 203-216. One of the men explained that they killed Clay because he was a
threat to them. ECF No. 12-1 at pp. 207. Petitioner repeatedly warned J.W. not to say
anything about the shooting. ECF No. 12-1 at pp. 208-211.
Petitioner contends that the foregoing facts are insufficient to support a conviction
and thus contrary to United States Supreme Court precedent stated in Jackson v. Virginia,
443 U.S. 307, 324 (holding that a petitioner is entitled to habeas relief when, on the
record in evidence, no rational trier of fact could have found proof of guilt beyond a
reasonable doubt). This Court disagrees and finds the facts in the record, as summarized
above, sufficient to permit a rational juror to infer a lack of consent, an implied threat
placing J.W. in fear for herself and her child, and an intent to terrorize J.W. into silence,
and thus to find Petitioner guilty of kidnapping as defined by Missouri statute.
Petitioner’s habeas claim fails in this regard.
Additionally, however, in Petitioner’s traverse (ECF No. 19), and for the first
time, he argues that the kidnapping of J.W. was merely incidental to the kidnapping of
her son and therefore should not stand on its own as a punishable offense. See State v.
Williams, 860 S.W.2d 364, 366 (Mo. App. E.D. 1993) (instructing that kidnapping cannot
stand as a separate offense “where the movement or confinement is merely incidental to
another offense”). This argument was not raised at any time in state court proceedings
(ECF No. 12-2, 12-6) and thus is procedurally defaulted. Rebstock v. Russell,
4:11CV1688 AGF, 2014 WL 1648887, at *2 (E.D. Mo. Apr. 24, 2014) (explaining that
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the doctrine of procedural default precludes consideration of claims not presented to the
state courts at any point). Even had Petitioner properly preserved the issue for
consideration here, this Court would find it lacking merit. As Petitioner notes in his
traverse (ECF No. 19 at p. 3), the analysis involves whether the defendant’s movement or
confinement of the victim increases the risk of harm to that victim. Generally, this
question arises when the elements of kidnapping coincide with other offenses against the
same victim. See e.g., State v. Bess, 73 S.W.3d 791 (Mo. App. E.D. 2002) (involving a
sexual assault). By contrast, this case involves two separate victims of kidnapping as the
primary offense against each victim. Petitioner’s theory is unavailing on the present
facts.
Ineffectiveness of Counsel
Petitioner asserts two claims of ineffectiveness of counsel, previously raised in and
rejected by the state courts.
Closing Argument
First, Petitioner asserts that counsel was ineffective for failing to request a mistrial
or a curative jury instruction in response to the State’s closing argument purporting to
shift the burden onto Petitioner to prove why there was no blood on J.W. or her son. The
Missouri Court of Appeals opined that trial counsel’s objection was unfounded in the first
place because a prosecutor has wide latitude in closing arguments, and counsel’s failure
to request a mistrial or curative instruction would not have changed the outcome. ECF
No. 12-9 at pp. 8-10.
Petitioner asserts that the state courts failed to apply the correct standard of
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review, contrary to Darden v. Wainwright, 477 U.S. 168 (1986). But Darden does not
support Petitioner’s position. There, the state and federal courts acknowledged the clear
impropriety of the prosecutor’s closing arguments (e.g., making offensive comments,
referring to the defendant as an animal, and implying that the death penalty was the only
guaranteed deterrent), but those courts still ultimately concluded that the petitioner was
not deprived of a fair trial as a result. Id. at 180-182. Petitioner also cites U.S. v. Simon,
964 F.2d 1082 (11th Cir. 1992), for the general principle that prosecutors must refrain
from making burden-shifting arguments requiring defendants to produce evidence or
prove their innocence. In Simon, the prosecutor repeatedly referenced the defendant’s
failure to produce a pistol for ballistics testing. Though the Eleventh Circuit ultimately
concluded there that any prejudice was cured by a jury instruction, the court recognized
that such prosecutorial misconduct could require reversal when it is “so pronounced and
persistent that is permeates the entire atmosphere of the trial.” Id. at 1086.
The present record does not compare to the substance or frequency of the
comments at issue in Darden and Simon. Petitioner points only to the following in
closing argument:
Ladies and gentlemen, this is important, this is very important. If you don’t
follow the evidence in this case, and you don’t follow the law in this case,
and you require the state to produce DNA evidence, then you have not
followed the instructions and law here. I want you to think about this. Who
else was in that room when [Clay] got shot? Who else was in there? [J.W.]
and she says [Petitioner]. Who else? [T.G.] Where was [T.G.]? Foot of the
bed. No evidence testimony [T.G.] had blood on him, zero.
***
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There was no evidence anybody else in that room had blood on them. No
evidence at all. [J.W.] had blood on her. And no evidence other than AlRegis had blood on him. Four people in the room, [J.W.] and Al-Regis had
blood on them. That kills their theory, and they know that.
In post-conviction proceedings, the state trial and appellate courts agreed that defense
counsel’s objection should not have been sustained in the first place because the
prosecutor’s argument fell within the bounds of permissible inferences. ECF No. 12-9.
Mindful of the doubly deferential standard of review applicable to habeas cases, this
Court finds no basis to question the reasoning of the Missouri Court of Appeals. On the
contrary, the Court agrees that the prosecutor’s argument did not express or imply a
defendant’s burden of proof but merely invited an inference from the evidence. See
Storey v. Roper, 603 F.3d 507, 525 (8th Cir. 2010) (denying habeas relief where counsel
was not ineffective for failing to make a non-meritorious objection to closing argument).
Petitioner also asserts, without analysis, that the state court’s decision violates
California v. Trombetta, 467 U.S. 479 (1984). Trombetta involved whether the state’s
failure to preserve possibly exculpatory evidence constituted a violation of due process.
While Petitioner appears to imply that counsel was ineffective for failing to frame the
issue in this manner, counsel did object to the State’s argument regarding the absence of
DNA evidence as an attempt to shift the State’s burden of proof. The state courts did not
overlook this foundation of due process but simply concluded that the prosecutor’s
argument was within bounds.
Petitioner provides no persuasive authority for his proposition that the state courts’
determinations contravene applicable federal precedent. As such, Petitioner’s claim of
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ineffectiveness on this issue fails.
J.W.’s witness identification
Second, Petitioner claims that counsel was ineffective for failing to develop a
consistent theory regarding J.W.’s eyewitness testimony implicating Petitioner as the
shooter. Specifically, Petitioner suggests that counsel vacillated between theories of
mistaken identity and deliberate misidentification. Petitioner further asserts that counsel
failed to elicit testimony showing that J.W. had a motive to implicate Petitioner because
she was close with his co-defendants.
The trial transcript belies Petitioner’s characterization. As the Missouri Court of
Appeals observed, it was the prosecutor who misrepresented the record by stating in
closing argument, “the defense seems to be either she’s mistaken … but as the case went
on they are calling her a liar.” ECF No. 12-9 at p. 10-11, citing ECF No. 12-1 at pp. 598.
Defense counsel’s theory of deliberate misidentification was consistent throughout the
trial. In opening argument, counsel stated twice that J.W. misidentified Petitioner
because she was scared. ECF No 12-1 at pp. 169-170. On cross-examination, counsel
established that J.W. knew Washington the longest of the three men involved. ECF No.
12-1 at pp. 229. Elsewhere, counsel sought to establish that J.W. was “not initially
forthcoming” about identifying the shooter because she was afraid. ECF No. 12-1 at p.
325. In closing, counsel repeated that J.W. was “scared for her life because she knows
what could happen to her if [Washington and the third man] know that she blamed them.”
ECF No. 12-1 at p. 611.
In short, the Court agrees with the state courts’ determination that counsel’s theory
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was consistent and his performance was reasonable and competent. Petitioner’s claim of
ineffectiveness on this issue is unavailing.
CONCLUSION
The Court concludes that Petitioner is not entitled to federal habeas relief.
Accordingly,
IT IS HEREBY ORDERED that the petition of Giordanio Blackburn for a writ
of habeas corpus relief is DENIED.
A separate Judgment shall accompany this Memorandum and Order.
_______________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 14th day of September 2020.
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