492 F. App'x 920
10th Cir.2012Background
- Maixner, an Oklahoma prisoner, seeks a COA to appeal a §2254 habeas denial.
- Maixner was convicted of unauthorized use of a motor vehicle, attempted aggravated eluding a police officer, felon-in-possession, and resisting arrest.
- Total sentence is 33 years; he appealed to the Oklahoma Court of Criminal Appeals, which denied relief.
- He then filed a federal habeas petition raising Batson, sufficiency of the evidence, and involuntary statements claims.
- A magistrate recommended denial; the district court adopted the recommendation; Maixner appeals pro se.
- The court grants a COA standard and dismisses the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Batson challenge viability | Maixner contends race-based peremptory strikes. | State argues no prima facie case of discrimination shown. | OCCA's Batson ruling not unreasonable under Batson. |
| Sufficiency of the evidence | Evidence insufficient for guilt on eluding and felon-in-possession. | Evidence supports elements under Jackson v. Virginia. | OCCA's sufficiency decision not contrary to clearly established law. |
| Admission of statements | Statements were involuntary due to hospital condition and treatment. | Voluntariness found by state court; Miranda rights given. | OCCA correctly applied voluntariness standard; admission proper. |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (Supreme Court 1986) (race-based peremptory challenges require neutral explanation after prima facie showing)
- Powers v. Ohio, 499 U.S. 400 (Supreme Court 1991) (equal protection in jury selection beyond Batson)
- Williams v. Taylor, 529 U.S. 362 (Supreme Court 2000) (AEDPA review standard for state-court decisions)
- Jackson v. Virginia, 443 U.S. 307 (Supreme Court 1979) (sufficiency of evidence standard for jury verdicts)
- In re Winship, 397 U.S. 358 (Supreme Court 1970) (due process standard for reasonable doubt)
- Withrow v. Williams, 507 U.S. 680 (Supreme Court 1993) (totality-of-the-circumstances in voluntariness review)
- Saiz v. Ortiz, 392 F.3d 1166 (10th Cir. 2004) (prima facie Batson showing and appellate review)
- Bradshaw v. Richey, 546 U.S. 74 (Supreme Court 2005) (state court factual determinations under AEDPA)
- Sims v. State, 762 P.2d 270 (Okla. Crim. App. 1988) (firearm possession element interpretation under Oklahoma law)