Williams v. Riley
6:15-cv-03236
D.S.C.Jul 14, 2016Background
- Petitioner Derrick F. Williams pled guilty (Oct. 16, 2008) to trafficking cocaine (>28 g but <100 g) and possession of a weapon during a violent crime; received 12 years (trafficking) concurrent 5 years (weapon). He waived direct appeal.
- Stop on I-85 produced a positive drug-dog alert; officers found 242 g cocaine in engine compartment, a loaded 9mm in trunk, cash, scales, and a vacuum sealer. Plea was part of a negotiated deal avoiding a potential 30-year exposure.
- Petitioner filed a PCR (post-conviction relief) petition alleging ineffective assistance of trial counsel (failure to obtain K-9 certification records, investigate deputies, advise about edited video, conflict of interest, and failure to file appeal). PCR was denied after an evidentiary hearing; appeal (Johnson petition) was denied.
- Petitioner filed additional successive PCRs which were consolidated and dismissed; he then filed a federal habeas petition under 28 U.S.C. § 2254 raising four ineffective-assistance claims tied to the plea’s voluntariness (K-9 certification, edited video, investigation of deputies, conflict over expert).
- Magistrate recommended granting respondent’s summary-judgment motion: some grounds were held procedurally barred; the merits review found the state PCR court reasonably applied Strickland and related precedent and denied relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. K-9 certification / plea voluntariness | Counsel failed to advise that handler/dog lacked certification; evidence would be suppressed; would not have pled. | Counsel sought records, believed trainer/handler reliable; records not material; petitioner accepted plea after advice and other counsel concurred. | Denied on merits: PCR court reasonably found no deficient performance or prejudice; plea was knowing/voluntary. |
| 2. Edited video / Brady/due process | Counsel failed to tell petitioner video was edited; suppression/Brady violation; plea involuntary. | Claim not raised at PCR or on appeal → procedurally defaulted; and no evidence video was altered. | Procedurally barred; on merits petitioner produced no credible evidence of editing or counsel deficiency. |
| 3. Failure to investigate deputies | Counsel failed to investigate deputy credibility and impeachment material; plea involuntary. | Issue not preserved on appeal; successive PCRs dismissed; events relied on post-date of plea (indictment of deputy occurred later); no prejudice shown. | Procedurally barred and without merit: no deficient performance or prejudice shown. |
| 4. Conflict over expert / ineffective assistance | Counsel's expert had law-enforcement ties; conflict misrepresented and affected advice to plead. | PCR found no actual conflict of interest, counsel disclosed and used expert appropriately; petitioner produced no favorable expert testimony. | Denied on merits: no actual conflict, no prejudice; PCR court’s credibility findings reasonable. |
Key Cases Cited
- Roseboro v. Garrison, 528 F.2d 309 (4th Cir.) (procedures for advising pro se litigants on summary judgment)
- Strickland v. Washington, 466 U.S. 668 (ineffective-assistance standard: performance and prejudice)
- Hill v. Lockhart, 474 U.S. 52 (ineffective-assistance prejudice standard for guilty pleas)
- Martinez v. Ryan, 132 S. Ct. 1309 (2012) (narrow exception allowing cause to excuse procedural default where initial-review collateral counsel is ineffective for IATC claims)
- Coleman v. Thompson, 501 U.S. 722 (state procedural default principles; ineffective assistance of appellate collateral counsel generally not cause)
- Harrington v. Richter, 562 U.S. 86 (doubly deferential review when §2254 and Strickland both apply)
- Florida v. Harris, 133 S. Ct. 1050 (drug-dog alert and probable cause; certification/training evidence relevance)
- Stone v. Powell, 428 U.S. 465 (Fourth Amendment claims barred in habeas if full and fair state-court opportunity existed)