Atkins v. Clarke
2011 U.S. App. LEXIS 7561
1st Cir.2011Background
- Petitioner Atkins was convicted in Massachusetts state court in 2005 of unlawful firearm possession.
- On a new-trial motion, Atkins raised ineffective assistance of counsel based on admission of a 911 call and sought an evidentiary hearing with two affidavits.
- The state trial court denied the hearing and the underlying IAC claim, finding strategic trial-counsel decisions and no substantial prejudice.
- The Massachusetts appellate courts affirmed, rejecting the IAC claim and the denial of an evidentiary hearing; the Supreme Judicial Court denied further review.
- Atkins filed a federal habeas petition under 28 U.S.C. § 2254(d)(1) and sought an evidentiary hearing under § 2254(e)(2).
- The district court denied the evidentiary hearing and then the petition on the merits; on appeal, only the evidentiary-hearing issue was certified for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cullen limits §2254(d)(1) review to the state-court record | Atkins argues Cullen requires new evidence if the state court denied a hearing. | Commonwealth argues Cullen forecloses new-evidence review under §2254(d)(1) when adjudication on the merits occurred. | Cullen governs; review limited to the state-court record when merits adjudication occurred. |
| Whether Atkins' claim was adjudicated on the merits for §2254(d)(1) purposes | Atkins contends Cullen changes adjudication meaning to require an evidentiary hearing. | Commonwealth treats the claim as adjudicated on the merits here. | Yes, adjudicated on the merits; Cullen applies. |
| Whether pre-Cullen decisions cited by Atkins are controlling | Winston and Wilson support new-evidence review under Cullen. | Wilson/Winston are overruled to the extent inconsistent with Cullen. | Overruled to the extent inconsistent with Cullen. |
| Disposition of the §2254(e)(2) evidentiary hearing issue | Petitioner sought a federal evidentiary hearing to develop trial strategy. | Record already contains material facts; hearing unnecessary. | Affirmed denial of a federal evidentiary hearing; only issue before court was thus resolved. |
Key Cases Cited
- Cullen v. Pinholster, 131 S. Ct. 1388 (U.S. 2011) (review limited to record before state court; evidence in federal court not relevant to §2254(d)(1))
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes standard for ineffective assistance of counsel)
- Winston v. Kelly, 592 F.3d 535 (4th Cir. 2010) (pre-Cullen view on incomplete-record findings)
- Wilson v. Workman, 577 F.3d 1284 (10th Cir. 2009) (en banc; incomplete-record findings not a merits adjudication)