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Reed v. Norman

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

December 9, 2019

JESSE W. REED, Plaintiff,
v.
JEFF NORMAN, Defendants.

          MEMORANDUM AND ORDER

          RODNEY W. SIPPEL UNITED STATES DISTRICT JUDGE.

         This case is before me on Petitioner Jesse W. Reed application for a writ of habeas corpus, under 28 U.S.C. § 2254. ECF No. [1]. Reed argues that his due process rights have been violated in eight ways. ECF No. [1-3]. After careful consideration, I deny Reed's petition for the reasons set forth below.

         BACKGROUND

         On April 18, 2014, the day of his trial, Reed pled guilty to three counts of assault in the second-degree, RSMo 565.060.1(4), for driving a vehicle while intoxicated and causing an accident that injured three people. ECF No. [1-3] at 30. He also pled guilty to one count of leaving the scene of a motor vehicle accident, RSMo 577.060, and one count of operating a motor vehicle with a revoked license, RSMo 302.321. ECF No. [1-3] at 30.

         After pleading guilty, Reed was sentenced on the same day as a prior and persistent offender to the maximum sentence for each charge, to be served consecutively. ECF No. [1-3] at 30. A total sentence of fifty-nine years. ECF No. [1-3]

         Prior to the trial Reed was offered several plea agreements. Initially, the State offered Reed a plea agreement of nine years. Reed's defense counsel at the time, Mr. Campbell, testified that he presented the offer to Reed, who refused it. Reed's next two attorney's also testified that they presented the nine-year plea agreement to Reed, who rejected it each time. After uncovering additional evidence, the State offered Reed a twenty-year plea agreement and later a twenty-five-year plea agreement. Reed declined both of these offers.

         On the day of his trial, the State offered Reed a thirty-year plea agreement. Based on the recommendation of his attorney, Reed declined that offer and entered a blind plea. Reed later discovered that the judge, who sentence Reed to fifty-nine years, had a reputation for being tough on defendants who enter blind pleas. At his state post-conviction hearing, several attorney's testified to this reputation.

         On June 30, 2014, Reed filed a pro se motion to vacate, set aside or correct the judgment or sentence under Missouri Supreme Court Rule 24.035. ECF No. [1-3] at 5. After he obtained counsel, an amended motion was filed arguing that Reed's constitutional rights were violated because he was subject to double jeopardy, disproportionate punishment under the Eighth Amendment, and was not provided effective assistance of counsel. The post-conviction relief court denied Houston's motion, and the Missouri Court of Appeals affirmed that denial. Reed then filed this petition under 28 U.S.C. § 2254 on September 28, 2018. In his petition Reed raise the following eight claims:

(1) Ineffective assistance of counsel for advising movant to plead guilty and open him to exposure to the maximum sentence;
(2) Ineffective assistance of counsel for failing to provide full and effective representation before the jury trial;
(3) Counsel was not provided adequate time to prepare for trial because new evidence and new witnesses submitted by the prosecutor five days before the trial;
(4) The trial judge was biased and improperly imposed the maximum sentence after movant entered his blind plea;
(5) Ineffective assistance of counsel for failure to raise a defense of double jeopardy;
(6) Movant was subject to double jeopardy when he was convicted of three counts of assault in the second degree ...

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