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Beedle v. Cassady

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

January 18, 2018

JEREMY BEEDLE, Petitioner,
v.
JAY CASSADY, [1] Respondent.

          REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

          NOELLE C. COLLINS UNITED STATES MAGISTRATE JUDGE.

         This matter is before the court on Petitioner's Amended Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody (Doc. 4). This matter was referred to the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(b) (Doc. 5). After reviewing the case, the Court has determined that Petitioner is not entitled to relief. As a result, the Court will recommend that the Amended Petition be denied and the case dismissed.

         I. BACKGROUND

         On February 19, 2010, Petitioner was convicted by a jury in the Circuit Court of Iron County, Missouri, of four counts of first degree statutory sodomy and one count of first degree statutory rape[2] (Ex. B at 3-4, 16, 143-147). The Circuit Court, on May 24, 2010, sentenced Petitioner to five concurrent terms of fifty years' imprisonment in the Missouri Department of Corrections (Id. at 3-4, 16, 184-187).

         Petitioner filed a direct appeal raising one claim:

(1) The trial court abused its discretion in sustaining the State's objection to Britney Poole's testimony that B.W. admitted that she lied about her allegations against Petitioner.

         (Ex. C at 16). The Missouri Court of Appeals for the Southern District, finding no error of law, affirmed the judgment (Ex. E).

         On July 2, 2012, Petitioner filed a motion for post-conviction relief (Ex. F at 3, 8-14). On October 16, 2012, with the assistance of counsel, Petitioner filed an Amended Motion (Id. at 15-30). Following an evidentiary hearing held on February 25, 2013, the motion court denied Petitioner's motion on May 31, 2013 (Id. at 32-35, 31-49). On February 3, 2014, Petitioner appealed the motion court's decision, raising the following two grounds for relief:

(1) The motion court clearly erred in denying Petitioner's Motion for Post-Conviction Relief because trial counsel was ineffective for failing to object to the testimony elicited by the state that Petitioner was living with Britney Poole when he was 24 years old and she was sixteen years old, and that she had gotten pregnant by appellant when she was sixteen years old; and
(2) The motion court clearly erred in denying Petitioner's Motion for Post-Conviction Relief because trial counsel was ineffective for failing to object to the testimony of Timothy Burton that B.W. was not the first 13-year-old with whom Petitioner had sex.

         (Ex. H). On August 25, 2014, the Missouri Court of Appeals for the Southern District affirmed the Circuit Court's denial of the motion (Ex. J).

         On September 31, 2014, Petitioner filed his Section 2254 Petition (Doc. 1). On January 27, 2015, Petitioner filed an Amended Petition in which he raises the following three grounds for relief:

(1) The trial court erred when it did not allow Britney Poole to testify that B.W. said to her that the allegations against Petitioner were false (Doc. 4 at 5);
(2) Trial counsel was ineffective because counsel did not object to testimony that Petitioner's girlfriend was sixteen when he moved in with her and she ...

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