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Klinger v. Joyner

United States District Court, W.D. North Carolina, Asheville Division

May 23, 2014

WILLIAM C. KLINGER, Petitioner,
v.
CARLTON B. JOYNER, Respondent.

ORDER

FRANK D. WHITNEY, Chief District Judge.

THIS MATTER comes before the Court on Respondent's Motion for Summary Judgment, (Doc. No. 4), as to Petitioner's habeas petition brought pursuant to 28 U.S.C. ยง 2254.

I. BACKGROUND

Pro Petitioner William C. Klinger is a prisoner of the State of North Carolina, who, on January 23, 2012, in Avery County Superior Court, was convicted after trial by jury of seven counts of statutory sex offense, three counts of taking indecent liberties with a minor, and one count of delivering a controlled substance to a minor, and was sentenced to two consecutive terms of 259-320, five consecutive terms of 248-307, one consecutive term of 17-21, and one concurrent term of 66-89 months imprisonment, in cases 10 CRS 432-34, 50169 and 11 CRS 1745. (Doc. No. 5-4). On March 19, 2013, the North Carolina Court of Appeals issued an unpublished opinion finding no reversible error on the statutory sex offenses and indecent liberties charges, but vacating the conviction for delivery of a controlled substance. State v. Klinger , 739 S.E.2d 627 ( N.C. Ct. App. 2013). On June 12, 2013, the Supreme Court of North Carolina denied Petitioner's petition for discretionary review. (Doc. No. 5-3). Petitioner was represented at trial by Kent W. Brown and on appeal by Russell J. Hollers, III.

Petitioner placed his pro se federal habeas petition in the prison system for mailing on December 30, 2013, and it was stamp-filed in this Court on January 14, 2014. Petitioner contends: (1) he was denied due process of law under the Fourteenth Amendment when the prosecutor made improper arguments to the jury, including calling Petitioner a "child predator" and a "wolf in sheep's clothing"; and (2) he was denied due process under the Fourteenth Amendment when the trial court admitted evidence of his religious beliefs-specifically, that Petitioner practiced Satanism.

On February 18, 2014, Respondent filed the pending motion for summary judgment. (Doc. No. 4). On February 21, 2014, this Court entered an Order pursuant to Roseboro v. Garrison , 528 F.2d 309 (4th Cir. 1975), granting Petitioner fourteen days to respond to the summary judgment motion. (Doc. No. 7). Petitioner did not respond to the summary judgment motion.[1]

The North Carolina Court of Appeals summarized the facts from Petitioner's trial as follows:

The State presented evidence at trial tending to establish the following facts: In the summer of 2009, "Randy" was 13 years old, living at home with his parents in Banner Elk, North Carolina. Defendant, who was in his early forties at the time, was introduced to Randy, and they became friends.
On the first occasion in which they spent time together, defendant picked up Randy and took him to his house near Valle Crucis, where they sat on the back porch and smoked marijuana together. After this incident, defendant and Randy began meeting two to three times a week to smoke marijuana at defendant's house. Fearing his parents' disapproval, Randy told his parents that he was spending time with a friend his own age.
Defendant and Randy subsequently planned to take a trip together. Seeking to invent a false story that would result in his parents allowing him to travel with defendant, Randy told his parents about a fictitious friend's stepfather who worked as a reporter for a television station. Randy then asked if he could go with the friend's stepfather to help film the Highland Games. However, Randy's parents insisted on meeting the friend's stepfather before allowing Randy to go on the trip. When they met defendant, he wore a wedding ring and told them that he was married and had a stepson who also would be going on the trip. When Randy's parents asked to meet defendant's wife and stepson, the trip was cancelled.
Randy's parents did, however, allow him to go on day trips with defendant. The first trip was in October 2009, when defendant and Randy went to Beech Mountain to film "Oz Fest." After filming the music festival, they drove to Boone where defendant stopped and rented a room at Greens Motel. Once they got into the motel room, defendant and Randy smoked marijuana and snorted crushed up pills. At that point, defendant forced Randy to perform oral sex on him. Defendant then performed oral sex on Randy. Defendant threatened to tell Randy's parents that Randy had impregnated his girlfriend if he did not do as he was told. Upon returning home, Randy did not tell his parents what had happened because he was scared defendant would hurt him.
Randy went out with defendant the next weekend on the pretense of filming the Blue Ridge Parkway. Before doing any filming, defendant drove Randy to the Pineola Inn and rented a room. Defendant and Randy then smoked marijuana and drove up to the parkway. After doing some filming, they drove back to the motel, where they smoked more marijuana and snorted crushed pills. Defendant then pushed Randy onto the bed and threatened to tell his parents if Randy did not have sex with him. Defendant forced Randy to get on the floor and perform oral sex on him while he was sitting on the edge of the bed. He then had Randy lie down on the bed while defendant performed oral sex on him. Defendant then rolled over onto his side and made Randy engage in anal sex with him. Afterward, the two of them smoked more marijuana, ate dinner, and went home. When defendant dropped off Randy at his parents' house, they could tell that Randy was "high" and told him that he could not see defendant anymore.
Approximately one week later, Randy snuck out of his window around midnight and met defendant at the end of the driveway. They drove around for approximately three hours smoking marijuana. After this incident, Randy began sneaking out almost every night to meet up with defendant and take drugs.
On two occasions, defendant engaged in sexual activity with Randy in his vehicle. Each time, defendant pulled down his pants and told Randy to perform oral sex on him, which Randy proceeded to do. Defendant then instructed Randy to pull down his ...

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