Thomas v. State of Mississippi
2:18-cv-00101
S.D. Miss.Apr 6, 2020Background
- Thomas pleaded guilty to armed robbery in 2008 and was sentenced to 20 years: 8 years MDOC, 9 years suspended, 3 years post-release supervision.
- Released to post-release supervision in 2015; in 2016 the circuit court revoked supervision and ordered Thomas to serve the nine-year suspended term for violations (failure to pay restitution/costs, termination from restitution center, failure to perform community service/pay fees).
- Thomas filed a state PCR motion in 2017 challenging the revocation and sentence; the circuit court denied relief as time-barred or meritless and found the sentence within statutory limits.
- The Mississippi Court of Appeals affirmed the denial in July 2018; Thomas did not seek rehearing or certiorari to the Mississippi Supreme Court.
- Thomas filed a federal habeas petition in June 2018 before completing a full round of state appellate review; respondent argued failure to exhaust and procedural default.
- Magistrate Judge Parker recommended dismissal with prejudice because Thomas procedurally defaulted his claims by failing to pursue the state-court remedies required for exhaustion and he made no showing of cause and prejudice or actual innocence to excuse the default.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether federal habeas claims are exhausted | Thomas contends his revocation/sentencing claims raise federal constitutional violations (due process, others) meriting federal review | Respondent: Thomas failed to present claims to the Mississippi Supreme Court (no rehearing/certiorari), so claims are not exhausted | Not exhausted: Thomas did not fairly present claims to the highest state court; exhaustion not satisfied |
| Whether failure to exhaust equals procedural default | Thomas implicitly argues merits justify federal review | Respondent: Because state remedies are now time-barred, returning would be futile and constitutes procedural default | Procedural default: lapse in state proceedings now bars return, so claims are defaulted for federal habeas review |
| Whether Thomas showed cause and prejudice to excuse default | Thomas did not present any external impediment or cause for failing to seek rehearing/certiorari | Respondent: No cause shown; record shows no external impediment | No cause or prejudice shown; default not excused |
| Whether miscarriage of justice/actual innocence exception applies | Thomas argues merits of claims and that he worked community service and paid restitution | Respondent: No new, reliable evidence of actual innocence presented | Exception inapplicable: no new evidence of actual innocence; miscarriage of justice standard not met |
Key Cases Cited
- Rose v. Lundy, 455 U.S. 509 (1982) (federal habeas requires exhaustion of state remedies)
- Sullivan v. Boerckel, 526 U.S. 838 (1999) (must invoke one complete round of the State's appellate review)
- Mercadel v. Cain, 179 F.3d 271 (5th Cir. 1999) (exhaustion satisfied only when claim fairly presented to highest state court)
- Finley v. Johnson, 243 F.3d 215 (5th Cir. 2001) (failure to exhaust may constitute procedural default if state court would now find claims barred)
- Coleman v. Thompson, 501 U.S. 722 (1991) (cause and prejudice standard to excuse procedural default)
- Schlup v. Delo, 513 U.S. 298 (1995) (actual-innocence gateway narrowly limited; requires new, reliable evidence)
- Sterling v. Scott, 57 F.3d 451 (5th Cir. 1995) (exhaustion is a prerequisite to federal habeas relief)