Riddick v. Link

DONNELL RIDDICK, Petitioner, v. SUPERINTENDENT CYNTHIA LINK, et al., Respondents.

3:17-cv-0740

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

June 2, 2020

Hon. John E. Jones III

MEMORANDUM¹

Petitioner Donnell Riddick ("Petitioner" or "Riddick"), a state inmate, files the instant petition (Doc. 1) for writ of habeas corpus pursuant to 28 U.S.C. § 2254, and supporting memorandum (Doc. 6), seeking relief from the Judgment of Sentence of life without parole entered in the Court of Common Pleas of Lackawanna County, Pennsylvania, on December 19, 2006, in criminal case CP-35-0781-2005, following a first-degree murder conviction. Respondents answered the petition with a Response (Doc. 12), Memorandum of Law (Doc. 13) and Exhibits (Doc. 14). Thereafter, Riddick filed a Traverse. (Doc. 25).

The petition, which is governed by the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), Pub.L.No. 104-132, 110 Stat. 1214, April 24,1996, is ripe for decision. For the reasons set forth below, the petition will be denied.

Additionally, on May 27, 2020 Riddick filed a motion (Doc. 30) to amend requesting that this Court review the legality of his sentence. The motion will be denied as the claim was not presented in his original federal petition and he executed a Notice of Election limiting review to the claims set forth in the petition and his supporting memorandum. (Docs. 1, 5, 6). Further, it does not appear that he raised the issue in the state courts in either his direct appeal or collateral proceedings. (Doc. 14-11, p. 12; Doc. 14-19, pp. 11, 12).

I. FACTUAL AND PROCEDURAL BACKGROUND

The Superior Court of Pennsylvania set forth the following underlying facts, summarized by the trial court, that led to Riddick's first-degree murder conviction for the December 9, 2004, murder of Robert Lewis:

On the evening of December 8, 2004, a birthday party was planned at Chaser's Bar for an unidentified friend of Barry Edwards, also known a "B-Red." According to Edwards' testimony, he had previously asked defendant Donnell Riddick to help get the party together.

On December 8, 2004 and sometime prior to the aforementioned party, defendant Riddick and others drove to a liquor store located in Clarks Summit, Pennsylvania, and purchased at least two bottles of Martini and Rossi Asti Spumanti which he took to the party. Sometime before midnight, defendant Riddick and his girlfriend, Esther Ross, arrived at Chaser's Bar.

Although there was a birthday party that night at Chaser's Bar, the bar was nonetheless open to the public. The bar was owned by Joseph Roman. Frank Roman, Joseph's brother, assisted in its operation. Both Joseph and Frank were present on the evening in question. Sometime after Riddick's arrival, an argument broke out between the defendant Riddick and [Robert] Lewis. It appears that the argument that evening ignited because Esther Ross, Riddick's girlfriend, was taking pictures with a camera inside the bar. Robert Lewis, also known as "Ghost," reacted to the flash of the camera, and got up to take the camera away from Ross. Barry Edwards, also known as "B-Red," classified the events following [that] event as an "uproar." Specifically, he stated, "[W]e knew the picture was being token [sic]. I didn't see [Esther] actually snapping pictures, but the way ["Ghost's] body language was, we knew something was wrong." Edwards ("B-Red") stated his impression of the situation as follows:

I guess he [Ghost] was upset that [Esther] took a picture of him considering that we all out here, you know, I mean, I'm bogging [sic] for the possession with intent to deliver drugs so we were all out here doing what we do and I guess he felt in some type of way, he felt violated because she took a picture of him. And I'm not sure if it was true at the time. He told me he was wanted in other states ... I guess he didn't want the camera to get into the wrong hands and than [sic] that would be it.

At some point in the evening, Lewis ("Ghost") took the camera, and then passed the camera to Terrence Wright, another patron at the bar, known as "Biz."

Lashawnna ("Toni") Bennett watched Lewis ("Ghost") take the camera. Wright ("Biz") the put the camera in his pocket. At that point, some sort of confrontation or discussion took place between the defendant and Lewis ("Ghost"). According to Wright ("Biz"), defendant asked Lewis ("Ghost") for the camera back, stating that he "was not leaving without it." Edwards ("B-Red") testified to the "tension" in the bar that night, and stated:

I can't repeat word-for-word obviously, it was ... 'Give me the camera back. That's my girl's camera.' ... And then Ghost waspleading his story why he took it ... 'We all out here selling drugs, we're all out hustling. I'm saying this camera gets in the wrong hands, I could get in trouble basically. That was the main, that was the argument.

One witness testified that the defendant Riddick, at one point, during the heated argument, pulled out a weapon when he was inside the bar. At or about 1:50 a.m., and while the argument was continuing, the owner Joseph Roman told everyone to leave the bar. Joseph Roman and his brother, Frank, ushered everyone out the door. The argument continued outside among a wide variety of onlookers.

While outside, the defendant Riddick continued to demand the return of the camera. The thrust of the heated discussion was directed primarily at Lewis and a woman identified as "Bennett," a/k/a "Toni." At some point during the verbal exchange, Lewis walked to his car which was parked nearby. Lewis got in the car momentarily. He then got out of the car and proceeded towards defendant Riddick. [FN 3: Barry Edwards ("B-Red") testified that he recalled Lewis walking to his car and reaching into his glove compartment. Lewis then got out of the car and headed back towards defendant. Edwards ("B-Red") claims that he asked Lewis if he had a gun, to which Lewis responded, "Don't worry about it. Just tell your man to put his down."

While arguing with Lewis and Bennett, defendant Riddick pulled out a gun and shot the weapon two times, in the ground and/or in the air. When the initial rounds were fired, Lewis started to run away from the defendant, crossing Cedar Avenue. Defendant Riddick proceeded to shoot Lewis three (3) times, striking him in the wrist, buttock, and back area.

After being shot three times, the victim, Lewis, continued to run a short distance after which he struck a building, fell to the ground, and died at the scene.

After the shooting, defendant Riddick gave Cashandra Matthis the gun and both he and Cashandra left the bar area separately. Matthis took the gun, put it in a paper bag, and placed the gun in the bushes severalblocks from her residence. At some point during the course of that day, defendant and Esther Ross appeared at Matthis' residence. Matthis retrieved the gun and gave it back to the defendant. Matthis testified that defendant stayed at her residence approximately three days. During that time, defendant admitted to killing Lewis.

An autopsy was performed on the victim shortly after the subject incident. Dr. Gary Ross, a board certified forensic pathologist, testified that all three shots that had struck the victim struck him in the back. One shot struck the victim in the wrist. One shot struck the victim in the right buttock. The third and fatal shot struck the victim in the left upper back and traveled through the aortic arch of the heart. This shot actually perforated the aorta causing Lewis to bleed profusely and ultimately die.

Doc. 14-14, pp. 1-4 (quoting trial court opinion, June 14, 2007, pp. 3-7 (citations omitted)).

Procedurally, on December 19, 2006, a jury found Riddick guilty of first-degree murder. (Doc. 14-21, p. 1). On January 29, 2007, the trial court sentenced him to life in prison without parole. (Id.). The Superior Court of Pennsylvania ("Superior Court") affirmed the judgment of sentence on June 2, 2008. (Doc. 14-14).

Thereafter, Riddick pursued relief pursuant to the Post Conviction Relief Act ("PCRA"), 42 PA.C.S.A. §§ 9541-9546, seeking a reinstatement of his rights to file a petition for allowance of appeal with the Supreme Court of Pennsylvania ("Supreme Court"). (Doc. 14-21, p. 1). The PCRA court granted relief and, on April 15, 2014, the Supreme Court denied the petition. (Doc. 14-16, p. 21).

Riddick filed a timely PCRA petition. On March 11, 2015, the PCRA court filed a Memorandum and Notice of Intent to Dismiss. (Doc. 14-17). The court supplemented the Memorandum and Notice of Intent to Dismiss on May 7, 2015. (Doc. 14-18). On June 18, 2015, the PCRA court denied the petition. (Doc. 14-21, p. 1). The Superior Court affirmed the order denying relief on June 22, 2016. (Id. at pp. 1-10; Commonwealth v. Riddick, No. 1253 MDA 2015, 2016 WL 4697822 (Pa. Super. Ct. June 22, 2016). On November 8, 2016, the Supreme Court denied Riddick's petition for allowance of appeal.

Thereafter, Riddick timely filed the instant petition pursuant to 28 U.S.C. § 2254.

II. 28 U.S.C. § 2254 STANDARDS OF REVEW

A habeas corpus petition pursuant to 28 U.S.C. § 2254 is the proper mechanism for a prisoner in custody pursuant to the judgment of a state court to challenge the "fact or duration" of his confinement. Preiser v. Rodriguez, 411 U.S. 475, 498-99 (1973). 28 U.S.C. § 2254, provides, in pertinent part:

(a) The Supreme Court, a Justice thereof, a circuit judge, or a district court shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.(b)(1) 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 unless it appears that -

(A) the applicant has exhausted the remedies available in the courts of the State;

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(d) An application for a writ of habeas

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