Wilson v. Warden, Sullivan Correctional Facility

Background

Edgar Wilson filed a petition under 28 U.S.C. § 2254 seeking federal review of his state conviction. Magistrate Judge Paul E. Davison recommended that the petition be denied. Wilson, through counsel, filed timely objections.

Court’s Analysis

The court reviewed the challenged portions of the report and recommendation independently. It held that Wilson’s application for permission to appeal to the New York Court of Appeals identified only the issues raised in his pro se supplemental submission to the Appellate Division. It did not fairly present the claims from his counseled brief. Those claims were therefore unexhausted, but were treated as procedurally defaulted because they could no longer be raised in state court. Wilson did not show cause for the default and resulting prejudice, or actual innocence. The court therefore denied relief on his claims that the trial evidence was legally insufficient, the prosecutor made improper statements during summation, his sentence was excessive, and he received ineffective assistance of counsel on record-based issues.

The court separately reviewed Wilson’s ineffective-assistance claims based on evidence outside the trial record. Applying the standard from Strickland v. Washington, it concluded that Wilson had not shown constitutionally ineffective assistance and denied that claim on the merits under 28 U.S.C. § 2254(b)(2), which permits denial of an unexhausted claim on its merits.

The court also held that Wilson had not presented his unsworn-witness-rule argument to the state courts as a federal due-process claim. The court treated that claim as procedurally defaulted and denied relief because Wilson had not shown cause and prejudice or actual innocence. It explained that the unsworn-witness rule is a New York rule rather than a federal constitutional right.

Disposition

Judge Vincent L. Briccetti overruled Wilson’s objections, adopted the report and recommendation in its entirety as the court’s opinion, and denied the petition. The Clerk was directed to enter judgment and close the case. The court also held that Wilson had not made a substantial showing that a constitutional right was denied, so it would not issue a certificate of appealability. It certified that any appeal would not be taken in good faith and denied permission to appeal without paying court fees.