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Mees v. Hurley

United States District Court, E.D. Missouri, Eastern Division

October 27, 2014

MATTHEW J. MEES, Petitioner,
v.
JAMES HURLEY, Respondent.

MEMORANDUM AND ORDER FOR APPOINTMENT OF COUNSEL AND EXPANSION OF STATE COURT RECORD

DAVID D. NOCE, Magistrate Judge.

This action is before the court upon the petition of Missouri state prisoner Matthew J. Mees for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to the undersigned Magistrate Judge for a report and recommended disposition under 28 U.S.C. § 636(b)(1). For the reasons set forth below, the court will appoint counsel to represent petitioner Mees and order that the record of the state court proceedings be expanded.

I. BACKGROUND

On March 15, 2006, in the Circuit Court of St. Louis County petitioner Mees pled guilty to three counts of first degree child molestation. (Doc. 13-1 at 3.) On April 27, 2006, the circuit court sentenced petitioner to concurrent terms of fifteen years imprisonment on each of the three counts. (Doc. 13-1 at 3-4, 8-9.) Additionally, the court sentenced petitioner to shock incarceration for 120 days pursuant to Mo. Rev. Stat. § 559.115. (Id.)

On July 28, 2006, the circuit court released petitioner on five years probation. (Id. at 4.) During the period November to December, 2008, [1] the court revoked petitioner's probation and ordered that the fifteen-year incarceration sentence be executed. (Id. at 5.)

Petitioner Mees did not appeal his original conviction and sentences or the revocation of probation. (Doc. 1 at 2.)

On July 10, 2012, he filed a petition for a writ of habeas corpus in the Circuit Court of Washington County under Mo. Sup.Ct. R. 91.01. Mees v. Steele, Case No. 12WA-CC00319.[2] On February 4, 2013, after considering the pleadings, the Circuit Court denied the petition. Id . On April 1, 2013, petitioner filed a Rule 91 petition for a writ of habeas corpus in the Missouri Court of Appeals. Mees v. Hurley, Case No. ED99759.[3] The petition was denied on April 18, 2013. Id.

On June 25, 2013, petitioner Mees filed the instant federal habeas petition under 28 U.S.C. § 2254. (Doc. 1.)

II. PETITIONER'S GROUNDS FOR FEDERAL HABEAS RELIEF

Petitioner alleges four grounds for federal habeas relief:

(1) The trial court erred by accepting petitioner's guilty plea because it was unknowing, involuntary, and unintelligent.
(2) His trial court counsel rendered constitutionally ineffective assistance by failing to investigate the facts of the case and petitioner's history of mental illness before advising him to plead guilty.
(3) His trial court counsel rendered constitutionally ineffective assistance by failing to challenge the charges as a violation of double jeopardy.
(4) His trial court counsel rendered constitutionally ineffective assistance by requesting that petitioner sign an admission of guilt and then using the ...

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