Edwards v. Warden Frank Bishop & the Attorney Gen. for Md.

JOSEPH W. EDWARDS, #346-493, Petitioner v. WARDEN FRANK BISHOP andThe ATTORNEY GENERAL FOR THE STATE OF MARYLAND, Respondents

CIVIL ACTION NO. RDB-15-1888

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

January 18, 2017

MEMORANDUM OPINION

Joseph W. Edwards filed this timely, self-represented Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, attacking his June 30, 2007 conviction from the Circuit Court for Charles County, Maryland for first-degree felony murder and related offenses. (ECF 1). Respondents, the Warden of North Branch Correctional Institution where Edwards is confined and the Attorney General of the State of Maryland, filed an Answer. (ECF 16). Edwards, through counsel, submitted an Amended Petition (ECF 25), prompting an additional Response (ECF 29) and Reply. (ECF 32).

Having reviewed the parties' submissions, the Court finds no need for an evidentiary hearing.¹ See Rule 8(a), Rules Governing Section 2254 Cases in the United States District Courts and Local Rule 105.6 (D. Md. 2016); see also Fisher v. Lee, 215 F. 3d 438, 455 (4th Cir. 2000) (petitioner not entitled to a hearing under 28 U.S.C. §2254(e)(2)). For the reasons set forth herein, the Court shall DENY and DISMISS the Petition with prejudice and SHALL NOT ISSUE a Certificate of Appealability.

BACKGROUND

On February 2, 2007, Edwards was charged in the Circuit Court for Charles County with first-degree felony murder, first-degree premeditated murder, robbery with a dangerous weapon, conspiracy to commit first-degree murder, conspiracy to commit first-degree assault, conspiracy to commit robbery with a dangerous weapon, first-degree assault, and use of a handgun in the commission of a crime of violence in connection with the death of Steven McGregor. Edwards also was charged with attempted first-degree premeditated murder, attempted second-degree murder, robbery with a dangerous weapon, conspiracy to commit first-degree murder, conspiracy to commit robbery with a dangerous weapon, conspiracy to commit first-degree assault, first-degree assault, and use of a handgun in the commission of a crime of violence in connection with the shooting of Steven Windley. (ECF 16, Ex. 1 at pp. 3-10). The facts adduced at Edwards' jury trial, summarized by the Court of Special Appeals of Maryland, follow:

On December 28, 2006 around 11:30 p.m., Steven McGregor, Steven Windley, and three other men were in and around a car in the 3200 block of Westdale Court in Waldorf. They were approached by [appellant], and four other men. As a result of the ensuing events, Mr. McGregor was shot and killed, and Mr. Windley was shot and paralyzed. The surviving victims, as well as three of [appellant's] accomplices, testified at trial.

Marco Coates, who was in the car with Mr. McGregor and Mr. Windley, offered the following account of the events leading up to the shooting. On December 28, he, Robert Barbour, and Mr. Windley drove to a basketball tournament in Calvert County in Mr. Barbour's blue Dodge Magnum. After the tournament, Mr. McGregor joined them, and they drove back to Waldorf. In Waldorf, they saw Timothy Grimes in the Westdale Court area and picked him up. Eventually, Mr. Barbour, who was driving, parked in the 3200 block of Westdale Court, and Mr. Coates and Mr. Grimes got out of the car to smoke.

Mr. Coates explained that either Mr. Barbour or Mr. McGregor got a phone call. About thirty seconds later, five men came from behind the town homes around the court. Mr. Coates saw a "big, big" chrome gun and heard shots. He and Mr. Grimes then "took off." Initially, Mr. Coates hid behind a bush. He soon creptback towards the car, however, and got underneath an Expedition. From his position underneath the SUV, Mr. Coates saw the men kicking Mr. Barbour in the face and saw the men trying to take Mr. Windley's jacket.

In addition to shots from the chrome gun, Mr. Coates testified that he heard shots from another gun. Some shots were fired at the tires, and some shots were fired directly into the car. As the five men were leaving, one man came back and fired a final shot into the car from behind the passenger seat. The five men then returned from the direction they came.

After the men left, Mr. Coates returned to the car. Mr. McGregor had a bullet in his head. Mr. Windley was face down on the ground and could not get up.

Mr. Coates stated that he had known [appellant] for three years. Despite the fact that the man with the chrome gun wore a mask that covered his face from the nose down, Mr. Coates claimed that [appellant] was that man. Mr. Coates also identified [appellant] as the person who fired the final shot into the car. According to Mr. Coates, [appellant] was wearing a black, gray and red North Face jacket. He had light skin and wore his hair in long "twisties."

Robert Barbour, who was the driver of the car, also testified. His account follows. After Mr. Barbour and the car's other occupants picked up Timothy Grimes, they went to Janelle Love's court. She was outside, and they asked her for cigarettes. While they were there, Mr. Barbour received a call from Angel Park. Ms. Park asked him if he had any "weed." When he said no, she asked who was with him, and he told her. She then asked where they were, and he told her that too. Ms. Park said she would call him back. At some point, Mr. Barbour and his companions left Ms. Love's court and went to Mr. Windley's court.

About two minutes after the first call, Ms. Park called Mr. Barbour again. She asked where they were, and Mr. Barbour told her they were at Mr. Windley's court. Ms. Park told him that she would come through in about five minutes.

About one to two minutes after the second call Mr. Barbour heard a "loud boom" Mr. Barbour ducked his head and tried to start the car. As he did so, he and Mr. Windley were pulled out of the car. Mr. Barbour said that the men asked, "Where the money at?" One man went through his pockets, while another man stood over him. Afterwards, Mr. Barbour discovered that $15 dollars and his Sprint Razor phone were taken. Mr. Barbour testified that someone tried to take Mr. Windley's jacket, but stopped when he realized Mr. Windley had been shot. After a man wearing a red and black North Face jacket pointed a chrome gun inside the car and shot, the men ran off.

Timothy Grimes offered his account of the shooting as well. Mr. Grimes testified that he and Mr. Coates were smoking "weed" outside Mr. Barbour's car when five men walked up. Mr. Grimes saw a "big old chrome gun." Whenthe person holding that gun fired, he and Mr. Coates ran. While he was running, Mr. Grimes slipped and fell. As he lay on the ground, he heard multiple gun shots, none of which were as loud as the first one. Once Mr. Grimes caught his breath, he got up and ran to the end of a section of town houses. As he started to get up again, he heard one final shot, which sounded liked [sic] the first shot he heard.

Mr. Grimes did not identify [appellant] as one of the men who approached the car. He did testify, however, that he had seen [appellant] around one or two o'clock on December 28. Mr. Grimes explained that he was driving when he saw [appellant] in a car with Angel Park. Mr. Grimes testified that when he pulled next to [appellant's] car, [appellant] pulled out a "big old chrome gun" and pointed it at him. Once [appellant] realized who Mr. Grimes was, he put the gun down. According to Mr. Grimes, the gun that he saw that afternoon looked like the gun he saw later that night.

Mr. Windley, who was paralyzed as a result of the shooting, also testified. After Mr. Barbour parked in front of Mr. Windley's house, Mr. Windley passed out. He woke up to gun shots and to Mr. McGregor yelling at Mr. Barbour to pull off. Mr. Windley explained that the passenger side window was shot out, and a silver gun came in the window. Mr. McGregor got shot, and Mr. Windley tried to open the door. When the gun pointed in Mr. Windley's direction, he put up his right arm and was shot in that arm. Mr. Windley was able to unlock the door. As he leaned out, he was shot in the back and fell out of the car.

Mr. Windley testified that he was able to pull himself under the truck parked next to them. Once he was under the truck, someone pulled him out and tried to take his jacket and chain. Mr. Windley held on with his good arm. Mr. Windley testified that he could see a group of guys kicking and beating Mr. Barbour. He told the men to leave Mr. Barbour alone and to come take his jacket. The men came over and again tried to take his jacket. Mr. Windley testified that the men then started running. As they did, one man came back, jumped over him, and shot one more time. Mr. Windley testified that he had two cell phones when he was shot. After the shooting, one phone was missing.

In addition to the victims, three of [appellant's] accomplices, including Angel Park, testified. On December 28, Ms. Park picked up [appellant], who was "just about like" her boyfriend, from his parents' house in Waldorf. [Appellant] had "dreads" and was wearing a red and black North Face jacket. While they were driving, they saw Timothy Grimes, who pulled up beside them. [Appellant] pulled out a gun before he realized who it was. When he saw that it was Mr. Grimes, he put the gun away.

After the encounter with Mr. Grimes, Ms. Park and [appellant] drove to Washington, D.C. to pick up Gator, whose real name is Dewayne Thomas. They then drove to Kennebec Street to pick up Eugene Green and Darryl Smith.

Next, they drove to Alexis Jordan's house, where [appellant] and Mr. Smith got into Mr. Jordan's car. At that point, both cars drove to Clay Terrace, where Mr. Smith got some PCP. Mr. Smith gave one "dipper" to her and Mr. Green, and he kept one "dipper" for the other car. The group then proceeded to a restaurant. While there, Mr. Thomas got into her car.

Both cars then drove to Waldorf, where [appellant] directed her to drive through three or four neighborhoods. At some point,

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