Beavers v. Little

          MEMORANDUM DECISION AND ORDER

          DAVID C. NYE CHIEF U.S. DISTRICT COURT JUDGE.

         Previously in this matter, the Court dismissed all of Petitioner Mark D. Beavers' claims except Claims 1 and 12. Respondent has filed an Answer and Brief in Support of Dismissal. Dkt. 28. Petitioner was provided with an extension of time through March 14, 2019, in which to file a reply. Dkt. 65. He has elected not to file anything further in support of his claims.

         The Court takes judicial notice of the parties' lodging of the state court record. See Fed. R. Evid. 201(b); Dawson v. Mahoney, 451 F.3d 550, 551 (9th Cir. 2006). Having carefully reviewed the record and considered the arguments of the parties, the Court enters the following Order.

         BACKGROUND

         The Idaho Court of Appeals described the facts of the underlying charges against Petitioner as follows:

After receiving reports of a strong odor of marijuana emanating from Beavers' home, police obtained a search warrant. During the search of Beavers' home, police discovered forty-five growing marijuana plants, jars containing marijuana, and literature on growing marijuana. Police also discovered scales, bags, and paraphernalia. Beavers was arrested and charged with trafficking in marijuana and possession of a controlled substance with the intent to deliver [in one case].

While Beavers was out on bond on those charges, he was arrested for selling marijuana to an undercover police officer. Police again obtained a search warrant for his home and discovered growing marijuana plants, seeds, bags, scales, and jars containing marijuana. Beavers was charged with trafficking in marijuana, possession of a controlled substance with the intent to deliver, and delivery of a controlled substance in [a second case].

State's Lodging B-5 at 1-2.

         Petitioner was convicted of both sets of crimes in two separate cases and trials in the First Judicial District Court in Coeur d'Alene, Idaho. In the second case that is the subject of this action, he was convicted of trafficking in marijuana under Idaho Code § 37-2732(a)(1)(B); possession of marijuana with intent to deliver under I.C. § 37- 2732(a)(1)(A); delivery of marijuana under I.C. § 37-2732(a)(1)(B); and sentencing enhancements.

         The two sets of crimes were eventually consolidated for sentencing. The district court sentenced Petitioner to a unified term of twelve years with two years determinate for trafficking, a concurrent unified term of five years with two years determinate for possession with intent to deliver, and a consecutive sentence of three years determinate for delivery.

         This habeas corpus action challenges only the second set of charges. Attorney Martin Neils, of the Kootenai County Public Defender Office, represented Petitioner at his first trial; Attorney Staci Anderson represented Petitioner at his second trial.

         STANDARD OF LAW

         1. AEDPA Deferential Review Standard

          Federal habeas corpus relief may be granted where a petitioner “is in custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a). A challenge to a state court judgment that addressed the merits of any federal claims is governed by Title 28 U.S.C.§ 2254(d), as ...