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.

White v. Wallace

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

April 17, 2017

DEWAYNE WHITE, Petitioner,
v.
IAN WALLACE, Respondent.

          MEMORANDUM AND ORDER

          CAROL E. JACKSON, UNITED STATES DISTRICT JUDGE

         This matter is before the Court on the petition of DeWayne White for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.

         I. Procedural Background

         Petitioner DeWayne White is presently incarcerated at the Southeast Correctional Center pursuant to the sentence and judgment of the Circuit Court of St. Louis County. On December 1, 2010, a jury found petitioner guilty of two counts of statutory sodomy in the first degree, in violation of Mo. Rev. Stat. § 566.062; child molestation in the first degree, in violation of Mo. Rev. Stat. § 566.067; endangering the welfare of a child in the first degree, in violation of Mo. Rev. Stat. § 568.045; and two counts of furnishing pornography to a minor, in violation of Mo. Rev. Stat. § 573.040. Resp.'s Ex. D at 50-55. The trial court sentenced petitioner as a prior offender to concurrent terms of life on the statutory sodomy charges, fifteen years on the child molestation charge, seven years on the endangerment charge, and one year on each charge of furnishing pornography to a minor. Resp.'s Ex. D at 63-67. Petitioner appealed his conviction, and on January 17, 2012 the Missouri Court of Appeals affirmed. State v. White, 356 S.W.3d 880 (Mo.Ct.App. 2012); Resp.'s Ex. E.

         Petitioner filed a timely motion for post-conviction relief pursuant to Missouri Supreme Court Rule 29.15, which the post-conviction court denied without holding an evidentiary hearing. Resp.'s Ex. H. On November 19, 2013, the Missouri Court of Appeals affirmed the denial of post-conviction relief. White v. State, 414 S.W.3d 49 (Mo.Ct.App. 2013); Resp.'s Ex. L. On August 4, 2014, petitioner timely filed this petition for relief pursuant to 28 U.S.C. § 2254.

         II. Factual Background

         The factual findings of the state court are as follows:

         On June 26, 2009, O.C. was visiting her friend K.W.'s house for a sleepover. Resp.'s Ex. A, Tr. 140-41. O.C. and K.W. were both 12 years old at the time. Tr. 139-40, 173. K.W.'s mother was in the hospital, and petitioner, K.W.'s 32-year old stepfather, was responsible for the care of O.C., K.W., and K.W.'s 6-year old brother. Tr. 140, 174. Petitioner picked up his 22-year old nephew Lee Magee that afternoon and they barbequed and drank beer outside. Tr. 124, 241. Petitioner told Magee that O.C. liked him. Tr. 125.

         Later on that evening, petitioner, Magee, K.W. and O.C. were sitting on a couch in the living room watching a movie when petitioner instructed O.C. to sit closer to Magee until she was sitting on his lap. Tr. 143-44. Petitioner then told Magee to take her to a bedroom and “fuck her up.” Tr. 144. After O.C. told Magee she was uncomfortable, they returned to the living room. Magee asked O.C. to hold his beer and petitioner told her to drink some of it. Tr. 146. Magee asked petitioner permission to take O.C. back into the bedroom. Petitioner told Magee he could “use his hands and tongue, but not his dick.” Tr. 128, 147, 212.

         In the bedroom, Magee laid O.C. on the bed, pulled down her pants, kissed her on the mouth, touched her breasts, inserted his fingers into her vagina, and used his mouth on her genitals. Tr. 148. K.W. knocked on the door twice while Magee was with O.C. in the bedroom, interrupting them. Tr. 129, 177. Magee left the room to tell petitioner that O.C. “wanted it all” and that “her pussy was wide.” Tr. 212. Petitioner told Magee that this wasn't the way it was supposed to happen and Magee needed to leave. Petitioner drove Magee home in the middle of the night. Tr. 151. Petitioner apologized to O.C. in the car ride back to K.W.'s house, stating that “this wasn't the way it was supposed to go” and he would train her how to have sex the next time she came over to K.W.'s house. Tr. 169, 212. Petitioner made O.C. swear she wouldn't tell anyone about what happened that night and threatened her. Tr. 153-54.

         Back at the house, petitioner turned the television to a channel with pornography while K.W. and O.C. were with him in the living room. Tr. 151.

         Petitioner touched O.C.'s breasts and told her he was horny, but then fell asleep. Tr. 152-53. The next day O.C. texted her older cousin about what had happened and her cousin encouraged her to tell her mother. O.C. stated that she was trying to find a way to go to the doctor by herself.

         Megan Marietta, a forensic interviewer with the Children's Advocacy Center (CAC), also testified at trial. Tr. 197-98. On June 30, 2009, Marietta interviewed O.C. Tr. 203. The interview was recorded and a portion of it was played at trial. Tr. 212-17. O.C. told Marietta that while she was at her friend K.W.'s house the week before, petitioner had touched her breast and Magee had performed sex acts on her facilitated by petitioner. Tr. 207-08. Petitioner warned O.C. not to tell anyone about what happened, stating that he was involved with the Blood gang, had stabbed people, had spent ten years in the penitentiary and had been shot at in the past. Tr. 208.

         Petitioner testified on his own behalf that he did not instruct Magee to have sexual contact with anyone and did not see Magee do something he considered to be wrong. Tr. 236. Petitioner stated that he took Magee home late in the evening on June 26th, because his stepdaughter K.W. asked him to do so. Tr. 236-37. He did not know why she had asked him to. Petitioner also testified that he had turned the television to pornography while he was flipping through ...


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.