Paris v. Secretary, Department of Corrections
8:11-cv-02115
M.D. Fla.Apr 16, 2014Background
- Petitioner Ronnie B. Paris, Jr. challenged his Florida state-court conviction via 28 U.S.C. §2254 habeas corpus petition.
- Paris was convicted of second-degree felony murder and aggravated child abuse after a July 2005 trial and sentenced to 30 years’ imprisonment plus 10 years’ probation.
- He pursued state postconviction relief under Florida Rule of Criminal Procedure 3.850; the trial court rejected his claims.
- The Florida appellate courts summarily denied relief on direct and postconviction review, with the mandate issued in 2011.
- The federal petition asserts ineffective assistance of trial counsel for (a) failure to convey a plea offer and (b) failure to impeach a co-defendant’s inconsistent testimony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel’s failure to convey a plea offer denied relief. | Paris argues he was not informed of a seven-year offer. | Paris’s counsel testified only a twenty-year offer existed; credibility supported by the record. | Denied; no deficient performance or prejudice proven. |
| Whether counsel’s failure to impeach the co-defendant violated the right to effective assistance. | Paris claims impeachment would have affected credibility. | Counsel attempted to impeach with prior statements and trial record; no deficiency shown. | Denied; trial counsel did attempt impeachment; no prejudice shown. |
| AEDPA standard of review applicability and factual deference. | Applied deferential review; state court findings presumed correct and unrefuted. |
Key Cases Cited
- Lindh v. Murphy, 521 U.S. 320 (U.S. 1997) (AEDPA review framework and deference to state courts)
- Parker v. Secretary, Dep't of Corr., 331 F.3d 764 (11th Cir. 2003) (highly deferential review under AEDPA)
- Cullen v. Pinholster, 131 S. Ct. 1388 (U.S. 2011) (requires review based on record before state court)
- Robinson v. Moore, 300 F.3d 1320 (11th Cir. 2002) (AEDPA? clarity on factual determinations)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-part standard for ineffective assistance of counsel)
- Waters v. Thomas, 46 F.3d 1506 (11th Cir. 1995) (aid to assess prejudice in counsel claims)
- Rogers v. Zant, 13 F.3d 384 (11th Cir. 1994) (prejudice standard for ineffective assistance)