REYES v. BROWN

REYES v. BROWN

Petitioner:	MARTIN REYES
Respondent:	RICHARD BROWN
Case Number:	1:2013cv01227
Filed:	August 5, 2013
Court:	U.S. District Court for the Southern District of Indiana
Office:	Indianapolis Office
Presiding Judge:	Denise K. LaRue
Presiding Judge:	William T. Lawrence
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By:	None

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Date Filed	Document Text
June 8, 2015	Filing 24 ENTRY Discussing Petition for Writ of Habeas Corpus and Denying Certificate of Appealability. "[H]abeas corpus has its own peculiar set of hurdles a petitioner must clear before his claim is properly presented to the district court." Keene y v. Tamayo-Reyes, 504 U.S. 1, 14 (1992) (O'Connor, J., dissenting) (internal citations omitted). In this case, Mr. Reyes has encountered the hurdle of the doctrine of procedural default as to all but one of his claims. He has not shown the e xistence of circumstances permitting him to overcome these hurdles, and hence is not entitled to the relief he seeks as to those claims. As to the remaining ineffective assistance of counsel claim, this Court has carefully reviewed the state record in light of that claim and has given such consideration to it as the limited scope of its review in a habeas corpus proceeding permits. The deference due to state court decisions "preserves authority to issue the writ in cases where there is no possibility fairminded jurists could disagree that the state court's decision conflicts with [Supreme Court] precedents." Harrington, 562 U.S. at 102. Mr. Reyes's habeas petition does not present such a situation. Mr. Reyes's petition for a writ of habeas corpus [dkt 1] is therefore denied. Judgment consistent with this Entry shall now issue. SEE ORDER. Signed by Judge William T. Lawrence on 6/8/2015. (BGT)

Date Filed

Document Text

June 8, 2015

Filing 24 ENTRY Discussing Petition for Writ of Habeas Corpus and Denying Certificate of Appealability. "[H]abeas corpus has its own peculiar set of hurdles a petitioner must clear before his claim is properly presented to the district court." Keene y v. Tamayo-Reyes, 504 U.S. 1, 14 (1992) (O'Connor, J., dissenting) (internal citations omitted). In this case, Mr. Reyes has encountered the hurdle of the doctrine of procedural default as to all but one of his claims. He has not shown the e xistence of circumstances permitting him to overcome these hurdles, and hence is not entitled to the relief he seeks as to those claims. As to the remaining ineffective assistance of counsel claim, this Court has carefully reviewed the state record in light of that claim and has given such consideration to it as the limited scope of its review in a habeas corpus proceeding permits. The deference due to state court decisions "preserves authority to issue the writ in cases where there is no possibility fairminded jurists could disagree that the state court's decision conflicts with [Supreme Court] precedents." Harrington, 562 U.S. at 102. Mr. Reyes's habeas petition does not present such a situation. Mr. Reyes's petition for a writ of habeas corpus [dkt 1] is therefore denied. Judgment consistent with this Entry shall now issue. SEE ORDER. Signed by Judge William T. Lawrence on 6/8/2015. (BGT)

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Respondent: RICHARD BROWN
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Petitioner: MARTIN REYES
Represented By:	Cynthia M. Carter
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