Reginald Morgan v. Laurent Javois
744 F.3d 535
8th Cir.2013Background
- Reginald Morgan was acquitted in Missouri state court in 1994 by reason of insanity and committed to the Director of Mental Health; release required a court determination under Mo. Rev. Stat. § 552.040.
- Morgan sought conditional release in 2004; the state court denied full release but granted partial conditional release.
- Morgan filed a pro se federal habeas petition in 2005 raising multiple constitutional claims; the district court dismissed portions as untimely or procedurally defaulted. He did not appeal that dismissal.
- In October 2008 Morgan filed a second federal habeas petition challenging his continued confinement; before disposition he applied in state court (2008) for conditional and unconditional release, was denied (2009), and his appeal was dismissed for failure to file a brief under Missouri Rule 84.05(a).
- The district court dismissed the 2008 federal petition as successive under AEDPA § 2244(b); on appeal the State conceded the successive ruling was erroneous, but the Eighth Circuit affirmed dismissal on the alternative ground that Morgan procedurally defaulted by failing to exhaust state appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Oct. 2008 federal habeas petition was "second or successive" under AEDPA | Morgan: petition challenges continued confinement after a later state decision and is not barred | State: district court treated it as successive | Court: Not successive — Panetti/Crouch allow later challenges that were unripe at first petition |
| Whether federal habeas review is barred by procedural default for failure to exhaust state appellate remedies | Morgan: exhausted by filing state release petitions; seeks federal review | State: Morgan defaulted by failing to file required appellate brief, invoking an independent and adequate state rule | Court: Procedural default applies; Morgan made no showing of cause and prejudice or miscarriage of justice |
| Whether district court should reach merits under Foucha v. Louisiana | Morgan: state-court refusal to release violates Foucha principles | State: merits not reached because of procedural bar | Court: Declined to reach merits because procedural default disposes of case |
| Whether Morgan may file a future federal petition after exhausting state remedies | Morgan: may challenge confinement if state adjudication gives federal basis | State: conceded such a later petition would not be successive | Court: Permitted — after exhaustion, a new petition challenging 2013 confinement would not be AEDPA-successive |
Key Cases Cited
- Panetti v. Quarterman, 551 U.S. 930 (2007) (second-in-time bar does not foreclose claims that were unripe at first petition)
- Crouch v. Norris, 251 F.3d 720 (8th Cir. 2001) (parole-related claims may be raised in a later petition after they ripen)
- Coleman v. Thompson, 501 U.S. 722 (1991) (procedural default bars federal review absent cause and prejudice or miscarriage of justice)
- Foucha v. Louisiana, 504 U.S. 71 (1992) (insanity acquittee cannot be confined if mental illness has remitted and confinement is not justified by dangerousness)