United States District Court, E.D. Missouri, Eastern Division
MICHAEL S. COLEMAN, Petitioner,
JAY CASSADY, Respondent.
MEMORANDUM AND ORDER
CRITES-LEONI UNITED STATES MAGISTRATE JUDGE.
matter is before the Court on the Petition of Michael S.
Coleman for a writ of habeas corpus under 28 U.S.C. §
is currently incarcerated at the Jefferson City Correctional
Center in Jefferson City, Missouri, pursuant to the sentence
and judgment of the Circuit Court of St. Louis County,
Missouri. (Doc. 9-1 at 68.) On August 25, 2011, Coleman
pleaded guilty to two counts of second-degree statutory rape,
four counts of second-degree statutory sodomy, three counts
of incest, one count of furnishing pornographic materials to
a minor, two counts of first-degree endangering the welfare
of a child, and one count of second-degree child molestation.
Id. at 66-67. On October 20, 2011, the court
sentenced Coleman to an aggregate sentence of twenty
years' imprisonment. Id. at 80-85. The trial
court also ordered shock incarceration under Mo. Rev. Stat.
§ 559.115, and recommended placement in the Sexual
Offender Assessment Unit (“SOAU”). Id.
February 14, 2012, after reviewing the SOAU report and
considering counsels' arguments, the court denied Coleman
probation. Id. at 14.
November 7, 2012, Coleman filed an “Original Petition
Seeking to Modify the Sentence Imposed, ” in which he
argued that the sentences imposed were void. Id. at
90-98. On November 14, 2012, the trial court denied
Coleman's Petition. Id. at 114. The court
construed the Petition as a petition for writ of habeas
corpus, and found that it had not been filed in the proper
court as Coleman was not confined in St. Louis County.
December 31, 2012, Coleman filed an “Original Petition
to Set Aside Judgment.” Id. at 118-21.) The
trial court denied the Petition on January 3, 2013.
Id. at 120.
filed a Notice of Appeal on January 22, 2013, indicating that
he was appealing the judgment denying his Original Petition
to Set Aside Judgment. Id. at 127. Coleman raised
the following claims in his appeal: (1) the trial court erred
in refusing to provide him with transcripts of the record and
(2) the trial court erred in denying him the opportunity to
withdraw his guilty pleas after an alleged plea agreement was
violated. (Doc. 9-2.) On July 29, 2014, the Missouri Court of
Appeals held that Coleman's claim set forth in the
Original Petition to Set Aside Judgment should have been
raised in a timely-filed Rule 24.035 motion and was,
therefore, time-barred. (Doc. 9-4) The court stated that the
Petition should have been dismissed by the trial court.
Id. Thus, the court vacated the judgment denying the
Petition and remanded the cause with instructions to dismiss.
filed the instant Petition on December 30, 2015, in which he
raises the following grounds for relief: (1) the State
entered into a conspiracy to falsely imprison him; (2) his
sentences violate the Double Jeopardy Clause; (3) one of his
sentences exceeds the maximum sentence allowed under Missouri
law, and (4) the State violated an alleged plea agreement.
filed a Response to Order to Show Cause, in which he argues
that the Petition should be dismissed as untimely. (Doc. 9.)
Respondent further argues that Coleman's claims are
procedurally defaulted and fail on their merits.
Standard of Review
federal court's power to grant a writ of habeas corpus is
governed by 28 U.S.C. § 2254(d), which provides:
application for a writ of habeas corpus on behalf of a person
in custody pursuant to the judgment of a State court shall
not be granted with respect to any claim that was adjudicated
on the merits in State court proceedings unless the
adjudication of the claim-
(1) resulted in a decision that was contrary to, or involved
an unreasonable application of, clearly established Federal
law, as determined by the ...