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245 F.Supp.3d 1145
D. Ariz.
2017
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Background

  • Stephen May, a former teacher, was convicted in Arizona state court (2007) on five counts of child molestation under Ariz. Rev. Stat. § 13-1410(A); acquitted on two counts; sentenced to 75 years.
  • Arizona defines "sexual contact" broadly (any touching of genitals/anus) but the statute as applied did not require the State to prove sexual intent as an element; instead Arizona law (Ariz. Rev. Stat. § 13-1407(E) and § 13-205(A)) placed on the defendant the burden to prove lack of sexual motivation by a preponderance.
  • Trial counsel requested a state-law construction (that the State must prove sexual intent) but did not raise a federal constitutional challenge to the burden-shifting scheme; jury was initially deadlocked, later convicted.
  • On state post-conviction review May argued ineffective assistance of counsel (IAC) for failure to preserve the constitutional challenge; state courts rejected the IAC claim on prejudice grounds without deciding the federal constitutional question.
  • The federal district court reviewed de novo those portions not adjudicated on the merits, held Arizona’s burden-shifting scheme violated the Due Process Clause / Winship right to proof beyond a reasonable doubt, found counsel deficient and prejudicial under Strickland, granted habeas and ordered May’s release.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Arizona may constitutionally place on the defendant the burden to disprove sexual intent in child-molestation prosecutions May: the statute unconstitutionally shifts proof of an element (sexual intent) to defendant, violating Winship and due process State: legislature may define elements and label denials as affirmative defenses; courts should defer unless extreme examples listed in Patterson Court: statute unconstitutional as applied — sexual intent is effectively an element and cannot be shifted to defendant to disprove
Whether May showed cause and prejudice to excuse procedural default May: trial counsel was ineffective for failing to raise the constitutional claim, therefore excusing default under Murray/Strickland State: even if defaulted, the constitutional claim would not have succeeded; no prejudice from counsel’s omission Court: IAC shown — counsel performed deficiently and prejudice established (reasonable probability of different outcome)
Whether state courts’ rejection of IAC/prejudice was reasonable under AEDPA May: state rulings were an unreasonable application of Supreme Court precedent (Patterson, Winship, Strickland) State: state courts reasonably applied Patterson and Strickland; Simpson and later Holle support burden placement Court: state courts unreasonably applied federal law; federal habeas review de novo on the constitutional question was warranted
Whether erroneous jury instruction shifting burden to defendant was harmless State: evidence was strong; jury’s eventual verdicts show conviction likely regardless May: jury was previously deadlocked twice; a proper instruction likely would have produced acquittal or hung jury Court: error was not harmless; there was a reasonable probability the outcome would differ; habeas relief warranted

Key Cases Cited

  • Mullaney v. Wilbur, 421 U.S. 684 (1975) (striking statute that shifted burden to defendant to disprove malice)
  • Patterson v. New York, 432 U.S. 197 (1977) (upholding New York scheme that did not include malice as element but recognizing constitutional limits on burden shifting)
  • In re Winship, 397 U.S. 358 (1970) (state must prove beyond a reasonable doubt every fact necessary to constitute the crime)
  • Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance: deficiency and prejudice)
  • Harrington v. Richter, 562 U.S. 86 (2011) (AEDPA review requires assessing possible grounds that could have supported the state decision)
  • Williams v. Taylor, 529 U.S. 362 (2000) (unreasonable application standard under § 2254(d))
  • McMillan v. Pennsylvania, 477 U.S. 79 (1986) (legislative definition of elements is usually dispositive but subject to due process limits)
  • Davis v. Ayala, 135 S. Ct. 2187 (2015) (habeas harmless-error standard: federal relief proper when there is grave doubt about effect of an error)
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Case Details

Case Name: May v. Ryan
Court Name: District Court, D. Arizona
Date Published: Mar 28, 2017
Citations: 245 F.Supp.3d 1145; 2:14-cv-00409
Docket Number: 2:14-cv-00409
Court Abbreviation: D. Ariz.
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