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Morales v. Ramey

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

October 22, 2019

RICARDO MORALES, et al., Petitioners,
v.
EILEEN RAMEY, Respondent.

          MEMORANDUM AND ORDER

          CATHERINE D. PERRY, UNITED STATES DISTRICT JUDGE

         This matter is before the Court on review of the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 filed jointly by petitioners Ricardo Morales and Melvin Leroy Tyler. For the reasons discussed below, the petition must be denied and dismissed as successive. See 28 U.S.C. § 2244(b)(1).

         Background

         Petitioners have filed a joint petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Each petitioner is challenging his own conviction.

         A. Petitioner Morales

         On April 18, 2012, petitioner Morales was convicted following a jury trial of four counts of first-degree statutory sodomy, three counts of first-degree statutory rape, three counts of second-degree statutory sodomy, and two counts of second-degree statutory rape. State of Missouri v. Morales, No. 1022-CR03880 (22nd Cir., City of St. Louis).[1] He was sentenced to a total of forty five years' imprisonment. The convictions were affirmed on direct appeal. State v. Morales, 412 S.W.3d 399 (Mo. App. 2013). Petitioner Morales filed a state motion for postconviction relief pursuant to Mo. Sup. Ct. R. 29.15, which was denied by the circuit court on March 28, 2016. Morales v. State of Missouri, No. 1422-CC00191 (22nd Cir., City of St. Louis). The judgment of the circuit court was affirmed on June 6, 2017. Morales v. State, 528 S.W.3d 41 (Mo. App. 2017).

         On May 16, 2014, petitioner Morales filed a federal petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in the United States District Court for the Eastern District of Missouri. Morales v. Cassady, No. 4:14-cv-00943-NAB (E.D. Mo.). The petition was denied on September 27, 2017. Petitioner Morales filed an appeal to the United States Court of Appeals for the Eighth Circuit on October 16, 2017. The Eighth Circuit denied his application for a certificate of appealability and dismissed his appeal on July 3, 2018. Morales v. Cassady, No. 18-1621 (8thCir. 2018).

         Petitioner Morales filed the instant petition on June 16, 2019, by placing it in his prison's mailing system.[2]

         B. Petitioner Tyler

         On August 4, 1978, petitioner Tyler was convicted of two counts of first-degree robbery by means of a deadly weapon, two counts of assault with intent to commit rape without malice aforethought, and armed criminal action. State v. Tyler, 622 S.W.2d 379, 382 (Mo.Ct.App. 1981). He was sentenced to fifty years on each robbery count, five years on each assault count, and fifty years for the armed criminal action count. Id. All terms were ordered to be served consecutively. Id.

         The Missouri Court of Appeals reversed petitioner Tyler's armed criminal action conviction on the basis of double jeopardy. Id. at 387. The judgment was affirmed in all other respects. Id.[3] Petitioner Tyler has since attempted to seek postconviction relief through the state courts, but those attempts have not been successful. See Tyler v. State, 18 S.W.2d 117 (Mo.Ct.App. 2000); State v. Tyler, 103 S.W.3d 245 (Mo.Ct.App. 2003); Tyler v. State, 111 S.W.3d 495 (Mo.Ct.App. 2003); Tyler v. State, 229 S.W.3d 103 (Mo.Ct.App. 2007); and Tyler v. State, 292 S.W.3d 338 (Mo.Ct.App. 2009).

         On July 19, 1988, petitioner Tyler filed a federal petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in the United States District Court for the Eastern District of Missouri. Tyler v. Armontrout, 917 F.2d 1138, 1139 (8th Cir. 1990). The district court denied his petition on July 12, 1989. Id. at 1140. Petitioner Tyler filed an appeal to the United States Court of Appeals for the Eighth Circuit, which affirmed the denial of his habeas petition in all respects. Id. at 1143. He has made various other attempts to seek habeas relief in federal court, to no avail. See Tyler v. Purkett, 26 F.3d 127, 1994 WL 281821, at *1 (8th Cir. 1994) (unpublished opinion) (noting that instant petition was “not the first habeas petition filed by [petitioner Tyler] for the purpose of challenging these convictions…It is either the fifth or sixth such petition”).

         On January 24, 2008, petitioner Tyler filed a joint § 2254 petition for writ of habeas corpus along with three other petitioners. Tyler, et al. v. Crawford, No. 4:08-cv-116-MLM (E.D. Mo.). The district court noted that petitioner Tyler had filed several petitions for writ of habeas corpus that had previously been denied. As a result, the district court determined that petitioner Tyler could not bring a § 2254 petition without first seeking leave from the United States Court of Appeals for the Eighth Circuit. The district court denied petitioner Tyler's petition for writ of habeas corpus on March 4, 2008. The Eighth Circuit denied his application for a certificate of appealability and dismissed his appeal on July 16, 2008. Tyler, et al. v. Crawford, No. 08-2323 (8th Cir. 2008).

         Petitioner Tyler filed the instant petition on June 16, 2019, by placing it ...


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