Hawthorne v. Schneiderman
2012 U.S. App. LEXIS 17505
| 2d Cir. | 2012Background
- Hawthorne was convicted after a jury trial of criminal possession of a weapon and assault, with Armstead dying from the attack and Tennessee severely harmed.
- Hawthorne confessed after interrogation on November 13, 2000, following an initial interview the day before; Miranda rights were eventually read and waiver signed later that night.
- The confession was the only evidence tying Hawthorne to the crime.
- Hawthorne filed a pro se habeas petition on September 27, 2007 alleging Miranda violations, ineffective assistance at a Huntley suppression hearing, and prosecutorial misconduct.
- The district court denied relief; the Appellate Division of New York affirmed on the merits, and the district court’s ruling was reviewed under AEDPA deference.
- This court granted a certificate of appealability on two issues and reviews de novo the district court’s denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Huntley counsel's performance prejudice Hawthorne? | Hawthorne | Hawthorne | No prejudice; Appellate Division reasonably denied relief. |
| Was Hawthorne's Miranda claim procedurally defaulted and prejudicially unexhausted? | Hawthorne | Hawthorne | Miranda claim procedurally barred; no prejudice shown; petition affirmed. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective assistance standard with two-prong test)
- Oregon v. Elstad, 470 U.S. 298 (U.S. 1985) (subsequent statements after unwarned admission must be voluntary)
- Harrington v. Richter, 563 U.S. , 131 S. Ct. 770 (U.S. 2011) (AEDPA deference for summary state-court decisions)
- Sellan v. Kuhlman, 261 F.3d 303 (2d Cir. 2001) (deferral when state court disposes on the merits, even in summary form)
- Coleman v. Thompson, 501 U.S. 722 (U.S. 1991) (cause and prejudice standard for defaulted claims)
- Jackson v. Denno, 378 U.S. 368 (U.S. 1964) (full and fair hearing on voluntariness of confessions)
- Missouri v. Seibert, 542 U.S. 600 (U.S. 2004) (two-step interrogation concerns and its impact on voluntariness)
- Rock v. Arkansas, 483 U.S. 44 (U.S. 1987) (defendant's right to testify; pre-trial context limitations)