Black v. Johnson
- Philip Halpern
- 7:20-cv-08725
- U.S. District Court · Southern District of New York
- 3
In Black v. Johnson, Judge Halpern denied Black’s petition challenging his state conviction after adopting a magistrate judge’s recommendation without finding clear error.
Marcus Black, who sought federal review of his New York conviction and sentence, and J. Johnson, identified in the caption as Acting Superintendent and the respondent.
What happened
In Black v. Johnson, Marcus Black asked the federal court to review his New York state conviction and sentence. The case was referred to Magistrate Judge Judith C. McCarthy, who recommended denying the petition.
Black argued that police should not have been allowed to use statements he made, that his sentence was excessive, and that there was not enough evidence to support his burglary conviction. The opinion states that Black did not file objections to the magistrate judge’s recommendation within the required time.
Judge Philip M. Halpern found no clear error in the recommendation, adopted it in full, and denied the petition. The court also said that a certificate allowing an appeal would not issue, directed that the order be mailed to Black, and ordered the case closed.
The detailed version
- Black v. Johnson · No. 7:20-cv-08725
- Philip Halpern
- Apr. 9, 2024
Background
Marcus Black was convicted by a jury in New York Supreme Court, Dutchess County, of second-degree burglary and fourth-degree criminal possession of stolen property. On March 30, 2017, he received an indeterminate sentence of 25 years to life for burglary, consecutive to a sentence of 2 to 4 years for possessing stolen property. The New York Appellate Division later reduced the burglary sentence to 20 years to life and made the sentences concurrent. The New York Court of Appeals denied leave to appeal.
Federal Petition
Black filed a petition under 28 U.S.C. § 2254, which allows a person in state custody to seek federal review of a conviction or sentence. He raised three arguments: his statements to police should have been suppressed; his sentence was excessive; and the evidence was insufficient to support his burglary conviction.
Report and Recommendation
The court referred the petition to Magistrate Judge Judith C. McCarthy. She issued a Report and Recommendation recommending that the petition be denied. The recommendation advised the parties that they had a specified period to file written objections and warned that failing to object on time could limit later appellate review. The opinion states that 25 days after the recommendation was mailed, Black had filed no objections.
Ruling
When no timely objections are filed, a district court may adopt a magistrate judge’s recommendations if the record shows no clear error. Clear error means an obvious mistake in the recommendation based on the record. Judge Philip M. Halpern reviewed the recommendation, found no clear error, adopted it in its entirety, and denied the petition. The opinion does not reproduce the recommendation’s analysis of Black’s three arguments, so it does not provide the reasons for rejecting each argument beyond adopting the recommendation.
The court also ruled that a certificate of appealability would not issue because reasonable jurists would not find it debatable that Black had failed to make a substantial showing that he was denied a constitutional right. The Clerk was directed to mail the order to Black and close the case.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.