Shea v. Raemisch
684 F. App'x 749
10th Cir.2017Background
- Danny Shea, a Colorado state prisoner, was convicted by a jury of multiple crimes including violations of the Colorado Organized Crime Control Act, conspiracy to commit second-degree assault, witness tampering, and two counts of conspiring to distribute a Schedule II controlled substance; he was adjudicated a habitual criminal and sentenced to 112 years.
- The Colorado Court of Appeals affirmed convictions and part of the sentence but remanded for resentencing on drug-conspiracy counts; the trial court modified the sentence on remand.
- Shea filed a Colo. Crim. Pro. R. 35(c) post-conviction motion which the trial court denied; the CCA affirmed and the Colorado Supreme Court denied certiorari.
- Shea then filed a 28 U.S.C. § 2254 habeas petition alleging multiple instances of ineffective assistance of trial counsel (sixteen-ish subclaims summarized below); the district court denied habeas relief and denied a certificate of appealability (COA).
- Shea sought to appeal the denial of his § 2254 petition and applied for permission to proceed in forma pauperis (granted by the panel), but he needed a COA to appeal which he failed to obtain.
- The Tenth Circuit reviewed the record, the CCA’s decisions, and the district court’s order and concluded Shea did not make the required substantial showing of a constitutional violation; the court denied a COA and dismissed the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance — opening statement admission | Shea: counsel admitted guilt in opening, prejudicing defense | State: no prejudice or counsel strategy; CCA rejected claim | Denied COA; no reasonable jurists would debate correctness |
| Ineffective assistance — abandonment of duress defense | Shea: counsel abandoned a viable duress defense | State: counsel made reasonable strategic choice; duress not viable | Denied COA; CCA reasonable on the merits |
| Failure to obtain investigator/indigency docs | Shea: counsel failed to submit indigency evidence and hire investigator | State: no Strickland prejudice shown; record insufficient | Denied COA; no unreasonable application of federal law |
| Failure to request modified Allen instruction | Shea: counsel should have sought modified instruction to aid jury unanimity | State: no prejudice shown; instruction issue not outcome-determinative | Denied COA; resolution not debatable |
| Failure to challenge habitual criminal status/insufficient evidence | Shea: counsel failed to argue insufficient evidence for habitual designation | State: CCA reasonably found no constitutional defect | Denied COA; state-court ruling reasonable |
| Failure to challenge detainer act violation | Shea: counsel failed to properly challenge Uniform Mandatory Disposition of Detainers Act violation | State: no showing of prejudice or meritorious claim | Denied COA; no reasonable jurist disagreement |
| Failure to call expert / stipulating witness testimony | Shea: counsel failed to call available expert and improperly stipulated to witness testimony | State: strategic choices and lack of prejudice; CCA rejected claim | Denied COA; habeas relief not warranted |
Key Cases Cited
- Slack v. McDaniel, 529 U.S. 473 (standard for certificate of appealability and evaluation whether reasonable jurists could debate district court's resolution)