Washington v. Lee
3:17-cv-00263
M.D. Tenn.Dec 22, 2017Background
- Anthony Washington was convicted by a Davidson County jury (Aug. 2011) of possession with intent to sell/deliver ≥ .5 g cocaine in a drug-free zone, possession of marijuana, and possession of drug paraphernalia; sentenced to 30 years (Range III/persistent offender; first 20 years served at 100% under drug-free-zone law).
- Police executed a search warrant at Washington’s residence after a confidential informant (CI) conducted a controlled buy; officers recovered crack and powder cocaine from Washington’s pockets, marijuana and a grinder, and a digital scale in a vehicle at the residence.
- Washington pursued direct appeal and post-conviction relief in Tennessee state courts; both the TCCA and Tennessee Supreme Court denied relief; state courts found probable cause for the warrant, rejected ineffective-assistance claims, upheld the sufficiency of evidence, and affirmed the sentence.
- Washington filed a federal habeas petition under 28 U.S.C. § 2254 raising multiple claims (ineffective assistance for failure to suppress, failure to obtain a second CD/impeach CI, failure to move to recuse judge, inadequate investigation, failure to request facilitation instruction, indictment defect; plus sufficiency of evidence, sentencing error, and cumulative error).
- The district court applied AEDPA deference, reviewed the state-record adjudications, and denied habeas relief on all claims, concluding the state courts’ rulings were reasonable and that Washington failed to show Strickland prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance — failure to move to suppress warrant | Warrant lacked probable cause: no prior controlled buys, no surveillance, CI unreliable; counsel ineffective for not filing suppression motion | State: claim defaulted/meritless; affidavit established CI buy, officer corroboration, and prior CI reliability; suppression unlikely to succeed | Denied — state court reasonably found affidavit met Aguilar/Spinelli (nexus and CI reliability); counsel not deficient because suppression motion would not have prevailed |
| Ineffective assistance — failure to obtain "second CD"/impeach CI | Second CD would show exculpatory evidence undermining probable cause and could impeach CI | No factual proffer of CD contents; conclusory claim; counsel not deficient without specific missing evidence | Denied — Washington failed to identify CD contents or show prejudice from counsel's alleged omission |
| Ineffective assistance — failure to move to recuse judge / inadequate investigation / failure to call witnesses | Judge previously sentenced Washington; counsel failed to investigate or prepare, failed to call witnesses (e.g., girlfriend, CI) | Trial counsel reasonably found no basis to seek recusal; met with Washington repeatedly, reviewed discovery, made strategic decisions about witnesses; petitioner failed to produce missing witnesses at post-conviction hearing | Denied — no constitutional basis for recusal; counsel’s conduct fell within reasonable strategic judgment; petitioner did not show prejudice under Strickland |
| Failure to request facilitation instruction / indictment defect | Requested lesser facilitation instruction warranted; indictment duplicitous (sale or delivery) | Lesser-included instruction in noncapital case not cognizable on habeas absent miscarriage of justice; indictment technical defects are state-law matters and not federal habeas cognizable | Denied — no due-process violation on instruction; indictment provided adequate notice and is a state-law issue not redressable on federal habeas |
| Insufficiency of the evidence | Evidence showed only personal use, not intent to sell/deliver | State: quantity, packaging (multiple rocks), scales, expert testimony, and admissions supported intent to sell; residence within 1,000 ft of park | Denied — viewing evidence in light most favorable to prosecution, a rational juror could find intent beyond a reasonable doubt (Jackson standard) |
| Sentencing challenge | Trial court failed to weigh mitigating factors (rehabilitation, employment); sentence excessive | Sentence within statutory Range III; court considered factors and extensive criminal history justified enhancement | Denied — within-range sentence and not shown to exceed statutory limits or be unauthorized; state court’s application not an AEDPA error |
| Cumulative-error / COA request | Combined errors deprived Washington of a fair trial and led him not to accept plea | Individual claims lack merit; cumulative error doctrine not a basis for habeas when individual claims fail | Denied — no cumulative constitutional error; COA denied because claims are not debatable among reasonable jurists |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong ineffective-assistance standard: deficient performance and prejudice)
- Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency-of-the-evidence standard: view evidence in light most favorable to prosecution)
- Kimmelman v. Morrison, 477 U.S. 365 (1986) (ineffective assistance claim for failure to litigate Fourth Amendment issues requires showing motion would have merited relief and prejudice)
- Harrington v. Richter, 562 U.S. 86 (2011) (AEDPA deference and the double layer of review for Strickland claims on habeas)
- Estelle v. McGuire, 502 U.S. 62 (1991) (state-law errors in jury instructions do not alone warrant federal habeas relief absent a due-process violation)
- Miller-El v. Cockrell, 537 U.S. 322 (2003) (standard for certificate of appealability: substantial showing of denial of constitutional right)
- Schriro v. Landrigan, 550 U.S. 465 (2007) (no evidentiary hearing required where state-court record resolves claims)