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Jackson v. Steele

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

August 26, 2019

AKEEM JACKSON, Petitioner,
v.
TROY STEELE, Respondent.

          MEMORANDUM AND ORDER

          ABBIE CRITES-LEONI UNITED STATES MAGISTRATE JUDGE

         This matter is before the Court on the Petition of Akeem Jackson for a writ of habeas corpus under 28 U.S.C. § 2254.

         I. Procedural History

         Jackson is currently incarcerated at the Eastern Reception Diagnostic and Correctional Center in Bonne Terre, Missouri, pursuant to the sentence and judgment of the Circuit Court of St. Louis City, Missouri. (Doc. 8-1 at 18-20.) On November 5, 2012, Jackson pleaded guilty to first-degree robbery and armed criminal action. Id. at 39-42. On December 6, 2012, the court sentenced Jackson to concurrent terms of twenty years' imprisonment. Id. at 43-46. Jackson was in federal custody at the time of his plea and sentencing. Id. at 44. He was delivered to the Missouri Department of Corrections on February 21, 2014. Id. at 72.

         On May 19, 2014, Jackson filed a pro se motion for post-conviction relief. Id. at 50. After the appointment of counsel, Jackson filed an amended motion and request for evidentiary hearing, in which he argued that there was no factual basis for his pleas. Id. at 62-68. The motion court denied Jackson's amended motion and his request for an evidentiary hearing.[1] Id. at 72-83.

         In his appeal from the denial of post-conviction relief, Jackson again argued that there was an insufficient factual basis for his guilty pleas. (Doc. 8-2.) On March 22, 2016, the Missouri Court of Appeals affirmed the decision of the motion court. (Doc. 8-4.)

         Jackson filed the instant Petition on June 15, 2016. (Doc. 1.) In his first and third grounds for relief, Jackson argues that his post-conviction motions were untimely filed. Id. at p. 5, 8. In his second ground for relief, Jackson argues that counsel “forced/tricked” him into pleading guilty. Id. at p. 6.

         Respondent filed a Response to Order to Show Cause, in which he argues that the Petition should be dismissed as untimely. (Doc. 8.) Respondent further argues that Ground Two is procedurally defaulted, and all of Jackson's claims fail on their merits.

         II. Standard of Review

         A federal court's power to grant a writ of habeas corpus is governed by 28 U.S.C. § 2254(d), which provides:

(d) An 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 Supreme Court of the United States; or
(2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented ...

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