Dorsey v. Steele

Filing 98

ORDER denying petition as to claim 5. The Court will address the remaining claims in a later decision. Signed on 7/26/2018 by District Judge Roseann Ketchmark. (Phillips, Caleb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION
BRIAN J. DORSEY,
Petitioner,
v.
TROY STEELE,
Respondent.

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Case No. 4:15-08000-CV-RK

ORDER DENYING PETITION AS TO CLAIM 5
Before the Court is Petitioner Brian J. Dorsey’s Petition for Writ of Habeas Corpus under
28 U.S.C. § 2254. (Doc. 25.) On May 4, 2018, counsel for the parties presented oral arguments
as to whether any of Dorsey’s claims are procedurally defaulted, and if so, whether there is cause
and prejudice to excuse the procedural default. For the reasons stated below, Dorsey’s petition as
to claim 5 will be DENIED. The Court will address the remaining claims in a later decision.
Claim 5 alleges that the prosecution violated Brady v. Maryland, 373 U.S. 83 (1963), by
suppressing certain evidence relating to DNA tests. (Doc. 25 at 199-207.) Dorsey admits,
however, that he failed to raise this claim in his amended motion for post-conviction relief filed in
state court and that the Missouri Supreme Court did not review the claim on the merits. (Id. at
207; Doc. 86 at 21.) Claim 5 is therefore procedurally defaulted. To excuse the procedural default,
Dorsey does not argue that post-conviction counsel could not have raised this claim in the state
post-conviction proceedings. He argues only that post-conviction counsel was ineffective in not
raising it and that this Court should extend the narrow rule announced in Martinez v. Ryan, 566
U.S. 1 (2012), to defaulted Brady claims. Without sufficient authority to expand Martinez as
Petitioner proposes, this Court declines to do so. Consequently, claim 5 is not subject to review.
Upon careful consideration of the parties’ briefs and arguments, Petitioner Brian J.
Dorsey’s Petition for Writ of Habeas Corpus (doc. 25) is DENIED as to claim 5.
IT IS SO ORDERED.
s/ Roseann A. Ketchmark
ROSEANN A. KETCHMARK, JUDGE
UNITED STATES DISTRICT COURT
DATED: July 26, 2018