Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Murphy v. Monday

United States District Court, N.D. Oklahoma

February 15, 2017

RICKIE JOE MURPHY, Petitioner,
v.
WILLIAM MONDAY, Warden, [1] Respondent.

          OPINION AND ORDER

          GREGORY K. FRIZZELL, UNITED STATES DISTRICT COURT

         Before the Court is Petitioner's 28 U.S.C. § 2254 habeas corpus petition (Dkt. # 1). Petitioner is a state inmate and appears pro se. Respondent filed a response (Dkt. # 13) to the petition and provided the state court record (Dkt. ## 13, 14) for resolution of the claims raised in the petition. Petitioner did not file a reply to the response. For the reasons discussed below, the petition for writ of habeas corpus shall be denied.

         BACKGROUND

         On July 10, 2012, Sgt. Darren Bristow stopped a truck being driven by Petitioner Rickie Joe Murphy after Murphy's truck made a wide turn and nearly collided with Sgt. Bristow's vehicle. Sgt. Bristow noticed an odor of alcohol from inside the truck. A records check showed Petitioner's license was suspended or revoked. Another police officer conducted sobriety tests which Petitioner failed.

         As a result of those events, Petitioner was charged in Tulsa County District Court, Case No. CF-2012-3115, with Driving Under the Influence of Alcohol (3rd Offense) (Count 1), Failure to Yield (misdemeanor) (Count 2), and Driving With License Suspended or Revoked (misdemeanor) (Count 3). At the conclusion of a jury trial, Petitioner was found guilty as charged. The jury recommended a sentence of eighteen (18) years imprisonment, two (2) years of treatment and supervision, and a $2, 000 fine (Count1); a $200 fine (Count 2); and a $500 fine (Count 3). On April 8, 2013, the trial judge sentenced Petitioner to 20 years, with 18 years in the custody of the Department of Corrections followed by 2 years supervision and treatment (Count 1), and to pay the fines recommended by the jury. During trial proceedings, Petitioner was represented by attorney Stanley Monroe.

         Petitioner appealed his convictions to the Oklahoma Court of Criminal Appeals (OCCA). On direct appeal, Petitioner, represented by attorney S. Gail Gunning, raised two (2) propositions of error, as follows:

Proposition 1: Appellant was denied due process of law by the definition of “reasonable doubt” during voir dire.
Proposition 2: The trial court erred in imposing a sentence on Count 1 - Driving Under the Influence of Alcohol, that varied from the jury's sentencing verdict.

(Dkt. # 13-1). On January 22, 2014, in an unpublished summary opinion filed in Case No. F-2013-362, the OCCA rejected Petitioner's claims and affirmed the Judgment and Sentence of the trial court. See Dkt. # 13-3. Petitioner did not file a petition for writ of certiorari at the United States Supreme Court nor did he seek post-conviction relief in the state courts.

         Petitioner filed a timely petition for writ of habeas corpus (Dkt. # 1) and identifies two (2) grounds of error, as follows:

Ground 1: The trial court erred in imposing a sentence on Count 1 - Driving Under the Influence of Alcohol, that varied from the jury's sentencing verdict.
Ground 2: Petitioner was denied due process of law by the definition of “reasonable doubt” during voir dire.

Id. Respondent filed a response (Dkt. # 13) to the petition and asserts that Petitioner is not entitled to habeas corpus relief.

         ANALYSIS

         A. Exhaustion/Evidentiary Hearing

         Before addressing the claims raised in the petition, the Court must determine whether Petitioner meets the exhaustion requirement of 28 U.S.C. § 2254(b). See Rose v. Lundy, 455 U.S. 509, 510 (1982). Respondent concedes, see Dkt. # 13 at 2, ¶ 6, and the Court agrees, that Petitioner's claims raised in the petition were presented to the OCCA on direct appeal and are exhausted.

         The Court also finds that Petitioner is not entitled to an evidentiary hearing. See Cullen v. Pinholster, 563 U.S. 170, 184-85 (2011); Williams v. Taylor, 529 U.S. 420 (2000).

         B. Claims ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.