United States District Court, W.D. North Carolina, Asheville Division
MEMORANDUM OF DECISION AND ORDER
MARTIN REIDINGER, District Judge.
THIS MATTER comes before the Court on consideration of the petition for habeas corpus which Petitioner filed, by and through counsel, pursuant to 28 U.S.C. § 2254 [Doc. 1]. For the reasons that follow, the Court finds that no answer is required from the Respondent and that Petitioner's § 2254 petition should be denied and dismissed.
Petitioner was indicted by a Cleveland County Grand Jury for malicious conduct by a prisoner, communicating threats, driving while impaired, injury to personal property, exceeding a safe speed, and with having attained the status of a habitual felon. Petitioner appeared with counsel and was tried in Cleveland County Superior Court in April 2010. The jury returned verdicts of guilty on the charge of malicious conduct by a prisoner, communicating threats, and driving while impaired and further found that he had attained the status of being a habitual felon. According to the State Judgment, Petitioner was sentenced to a term of 80 to 105 months' imprisonment and he filed a timely appeal to the North Carolina Court of Appeals.
The court of appeals summarized the evidence at trial:
At trial, the State's evidence tended to show that on 15 January 2009, a trooper with the North Carolina State Highway Patrol was called to a single vehicle accident. Upon arriving at the scene, he noticed that a red Chevrolet Camaro had struck a tree. The front end of the vehicle was extensively damaged. The trooper determined that defendant had been the driver of the Camaro, and attempted to ask him some questions. He testified that defendant was belligerent, hostile, and unsteady on his feet, had mumbled speech, and seemed confused about where he was going. Defendant informed the trooper that he was taking Valium, hydrocodone, and methadone. Defendant was uncooperative with sobriety tests and refused treatment by EMS. Defendant was placed under arrest and placed in the back of a vehicle of a patrol officer with the Cleveland County Sheriff's Department. As the trooper traveled behind defendant while defendant was being transported, the trooper saw defendant's feet beat the ceiling of the vehicle and the plexiglass separating the driver's side seat from the back seat of the vehicle. The officer transporting defendant stopped the vehicle and he and the trooper placed defendant in a "rip hobble, " which secured defendant's feet together. Defendant was irate and cussed and threatened the officer and the trooper. After he was back in the vehicle, defendant got close to the passenger side, which was separated from the front passenger seat by a cage, and began spitting. Spit landed on the side of the officer's face, in his eye and in his ear, and ran down the inside collar of his shirt. The officer stopped the vehicle a second time. A sergeant was called to the scene and defendant was placed in a "spit hood." After he was back in the vehicle, defendant continued to cuss and threaten the officer. A short while later, a search warrant was obtained for defendant's blood and, following testing, it was determined that his blood contained "THCA metabolite, TCH, cocaine, benzoylecgonine metabolite of cocaine, diazepam, mordiazepam[, ]... diphenhydramine[, ] and... an opiate that would be hydrocodone[, ]" although it could not be conclusively identified.
State v. Deaton, No. 10-1079 , 713 S.E.2d 250, 2011 WL 1900723, at *1 ( N.C. Ct. App. 2011) (unpublished table decision).
On appeal, as is pertinent to this habeas proceeding, Petitioner argued that the trial court erred in declining to dismiss the habitual felon charge. Petitioner contended that punishment under North Carolina's Habitual Felon Act violated his Eighth Amendment rights because his sentence was "grossly disproportionate to the crime." Id. at *3. He further argued that the "H" and "I" felony classifications would not have qualified as felonies when the Habitual Felon Act was passed and that his mental health issues - panic attacks, agoraphobia, and bi-polar disorder - should have supported a more lenient sentence. Id.
The Court of Appeals rejected Petitioner's Eighth Amendment claim as meritless and noted that North Carolina's habitual felon statute had been upheld as constitutional. Id . (citing State v. Todd , 326 S.E.2d 249, 253 ( N.C. 1985)). The Court then observed that the Supreme Court of the United States had rejected Eighth Amendment challenges to sentences that were far in excess of the sentence Petitioner is presently serving. Id., at *4 (citing Graham v. Florida , 560 U.S. 48 (2010) and Ewing v. California , 538 U.S. 1 (2003)). All of Petitioner's claims on appeal were denied and his judgment affirmed in all respects, and the Supreme Court of North Carolina denied his petition for discretionary review to consider his Eighth Amendment claim. State v. Deaton , 717 S.E.2d 390 ( N.C. Aug. 25, 2011).
II. STANDARD OF REVIEW
Rule 4 of the Rules Governing Section 2254 Cases provides that the Court must dismiss a § 2254 petition if it plainly appears that the petitioner is not entitled to any relief from his state judgment. The Court has considered the record in this matter and applicable authority and concludes that this matter can be resolved without an evidentiary hearing. See Raines v. United States , 423 F.2d 526, 529 (4th Cir. 1970).
In addition to this standard, the Antiterrorism and Effective Death Penalty Act (AEDPA), as amended in 1996, provides in relevant part that:
(d) An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim-
(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the ...