Ross (ID 55837) v. Peterson, 5:25-cv-03105

Raymond Lewis Ross, Jr., a Kansas state prisoner, was convicted in 2018 on several sex-related offenses involving a minor and sentenced to 244 months’ imprisonment and lifetime postrelease supervision.
His convictions were affirmed on direct appeal by the Kansas Court of Appeals; the Kansas Supreme Court denied further review.
Ross sought state habeas relief under K.S.A. 60-1507, alleging ineffective assistance of trial counsel and speedy trial violations, but this was summarily denied and affirmed on appeal.
He filed a pro se federal habeas petition under 28 U.S.C. § 2254, raising nine constitutional grounds for relief, including ineffective assistance, speedy trial, and ex post facto claims.
The court found some claims exhausted, some procedurally defaulted, and others barred by anticipatory procedural default; the court is granting Ross time to show cause why certain claims should not be denied or to address recognized exceptions to default.
The court denied Ross’s motion to appoint counsel, finding no constitutional right to counsel in this context and that the claims were sufficiently presented at this stage.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Exhaustion of State Remedies	Ross claims he has exhausted constitutional challenges through appeal and state habeas processes.	The state (or the court’s review) points out multiple claims are procedurally defaulted or unexhausted.	Grounds 1-5 and some parts of Ground 6 are exhausted; others are not.
Ineffective Assistance (Ground Six)	Ross argues trial counsel failed to subpoena helpful witnesses, seek expert testimony, challenge DNA evidence, and more.	The state court found many claims conclusory or unsupported, and some not properly presented.	Some claims exhausted, some procedurally defaulted, others subject to anticipatory procedural default.
Speedy Trial Violation	Ross claims constitutional speedy trial rights were violated during proceedings.	State argues this issue was not properly raised on direct appeal and is barred under Kansas Supreme Court Rule 183(c)(3).	Speedy trial claim is procedurally defaulted.
Motion to Appoint Counsel	Ross requests counsel for his federal habeas case due to the complexity and merit of issues.	There is no constitutional right to counsel in habeas actions; the threshold for appointing counsel is unmet.	Motion to appoint counsel denied without prejudice.

Picard v. Connor, 404 U.S. 270 (exhaustion requires fair presentation of federal claim to state courts)
O’Sullivan v. Boerckel, 526 U.S. 838 (state courts must be given initial opportunity to address federal claim)
Coleman v. Thompson, 501 U.S. 722 (procedural default bars federal review unless cause and prejudice or fundamental miscarriage exception)
Murray v. Carrier, 477 U.S. 478 (ineffective assistance can constitute cause for default)
House v. Bell, 547 U.S. 518 (actual innocence gateway for overcoming procedural defaults)
Schlup v. Delo, 513 U.S. 298 (standard for actual innocence to overcome default)
Pennsylvania v. Finley, 481 U.S. 551 (no constitutional right to counsel in federal postconviction proceedings)
McCleskey v. Zant, 499 U.S. 467 (cause for default includes factors external to the defense)