From Casetext: Smarter Legal Research

St. Helen v. Senkowski

United States Court of Appeals, Second Circuit
Jul 6, 2004
374 F.3d 181 (2d Cir. 2004)

Summary

holding that the petitioner had "procedurally defaulted on his ... claim because New York's procedural rules now bar him from raising it in New York Courts" where "direct review by the Court of Appeals [was] no longer available" due to New York Court Rules, "and the failure to have raised the claim on direct review now forecloses further collateral review in state court" pursuant to N.Y. Crim. Proc. Law §440.10(c)

Summary of this case from McFadden v. Pataki

Opinion

Docket No. 03-2777.

Argued June 9, 2004.

Decided July 6, 2004.

Appeal from the United States District Court for the Southern District of New York, Charles L. Brieant, J.

Robert N. Isseks, Middletown, N.Y. for Appellee.

Edward D. Saslaw, Assistant District Attorney (Jeanine Pirro, District Attorney of Westchester County on the brief) White Plains, N.Y. for Appellant.

Before: WALKER, Chief Judge, WINTER and JACOBS, Circuit Judges.


BACKGROUND

We presume awareness of the background of this case and recite only the following details relevant to disposing of the appeal before us. Claiming that he was playing a joke on his friend, Rosmarie Taylor, George St. Helen placed a revolver loaded with one bullet on Taylor's buttocks and pulled the trigger twice. The bullet was in the second chamber of the revolver, and, on the second trigger-pull, the gun fired, injuring Taylor. Taylor later died in the hospital from surgery-related complications.

On July 23, 1998, after a jury trial, St. Helen was convicted in Westchester County of second degree — depraved indifference — murder and of criminal possession of a weapon in the second degree. He was sentenced to concurrent prison terms of twenty years to life and six to twelve years, respectively. On direct appeal, St. Helen challenged the sufficiency of the evidence against him, and the Appellate Division affirmed the conviction on April 29, 2002. See People v. St. Helen, 293 A.D.2d 765, 742 N.Y.S.2d 640 (App.Div. 2002). On August 22, 2002, leave to appeal to the New York Court of Appeals was denied, People v. St. Helen, 98 N.Y.2d 713, 749 N.Y.S.2d 11, 778 N.E.2d 562 (2002), and, shortly thereafter, St Helen filed the instant § 2254 petition in federal district court.

The gravamen of this appeal is whether, as the district court concluded, the New York Court of Appeals' interpretation of depraved indifference murder, under New York Penal Law § 125.25(2), and reckless manslaughter, under New York Penal Law § 125.15(1), has so blurred the distinction between the two crimes that the due process clause of the Federal Constitution is offended because selective enforcement and arbitrary and irrational jury verdicts result. See Jones v. Keane, 329 F.3d 290, 295-96 (2d Cir. 2003); People v. Sanchez, 98 N.Y.2d 373, 748 N.Y.S.2d 312, 777 N.E.2d 204 (2002); People v. Roe, 74 N.Y.2d 20, 544 N.Y.S.2d 297, 542 N.E.2d 610 (1989); People v. Register, 60 N.Y.2d 270, 469 N.Y.S.2d 599, 457 N.E.2d 704 (1983).

DISCUSSION

On appeal, the State argues that we need not reach the question referenced above because St. Helen failed to raise his constitutional claim in the New York state courts. We agree that St. Helen did not raise the claim in the state courts, and, although he is deemed to have exhausted those claims by procedurally defaulting on them, he has not shown the requisite cause and prejudice that would entitle him to relief. We therefore vacate the judgment of the district court without reaching the merits.

To satisfy the exhaustion requirement of 28 U.S.C. § 2254(b), a petitioner must "alert the state court to the constitutional nature of a claim" but need not "refer[to] chapter and verse [of] the U.S. Constitution." Ramirez v. Attorney Gen., 280 F.3d 87, 95 (2d Cir. 2001) (quoting Daye v. Attorney Gen., 696 F.2d 186, 194 (2d Cir. 1982) (in banc) ("[T]he ways in which a state defendant may fairly present to the state courts the constitutional nature of his claim . . . include (a) reliance on pertinent federal cases employing constitutional analysis, (b) reliance on state cases employing constitutional analysis in like fact situations, (c) assertion of the claim in terms so particular as to call to mind a specific right protected by the Constitution, and (d) allegation of a pattern of facts that is well within the mainstream of constitutional litigation.")).

St. Helen's submissions to the Appellate Division challenged the sufficiency of the evidence and argued that the New York Court of Appeals' interpretation of depraved indifference murder and reckless manslaughter statutes is unworkable. St. Helen's Appellate Division brief raised only issues of state law; it did not cite a case, federal or otherwise, containing meaningful constitutional analysis.

Moreover, St. Helen's brief to the Appellate Division was neither sufficiently specific "to call to mind a specific right protected by the Constitution," nor did it allege "a pattern of facts that is well within the mainstream of constitutional litigation." Ramirez, 280 F.3d at 95 (quoting Daye, 696 F.2d at 194 (noting that, although petitioner's state brief asserted only a question of New York law, its specificity immediately called to mind the Sixth Amendment protection against ineffective assistance of counsel)).

To be sure, St. Helen's petition for leave to appeal to the New York Court of Appeals argued, inter alia, that review was appropriate in light of Jones v. Keane, No. 02 Civ. 1804, 2002 U.S. Dist. LEXIS 27418, rev'd on other grounds, 329 F.3d 290 (2d Cir. 2003), in which Judge Brieant held that, because there was no distinction between reckless manslaughter and depraved indifference murder as interpreted by the New York Court of Appeals, the depraved indifference murder statute was unconstitutionally vague. However, raising a federal claim for the first time in an application for discretionary review to a state's highest court is insufficient for exhaustion purposes. See Castille v. Peoples, 489 U.S. 346, 351, 109 S.Ct. 1056, 103 L.Ed.2d 380 (1989) ("[W]here [a] claim has been presented for the first and only time in a procedural context in which its merits will not be considered unless there are special and important reasons therefor, [it will not] constitute fair presentation.") (internal quotation marks and citation omitted); see also Lurie v. Wittner, 228 F.3d 113, 124 (2d Cir. 2000) (a federal constitutional claim has not been exhausted where raised for the first time in an application for discretionary review in the highest court of a state); People v. Byrne, 77 N.Y.2d 460, 464-65, 568 N.Y.S.2d 717, 570 N.E.2d 1066 (1991) ("A denial of leave to appeal to the Court of Appeals by an individual Judge or Justice does not represent a determination on the merits. . . .").

Nonetheless, even if a federal claim has not been presented to the highest state court or preserved in lower state courts under state law, it will be deemed exhausted if it has become procedurally barred under state law. See Grey v. Hoke, 933 F.2d 117, 120 (2d Cir. 1991). St. Helen has procedurally defaulted on his vagueness claim because New York's procedural rules now bar him from raising it in New York courts. Further direct review by the Court of Appeals is no longer available, see N.Y. Court Rules, § 500.10(a) (authorizing only one request for review of a conviction), and the failure to have raised the claim on direct review now forecloses further collateral review in state court, see N.Y.Crim. Proc. Law § 440.10(2)(c) (barring review if claim could have been raised on direct review). In the case of procedural default (including where an unexhausted claim no longer can proceed in state court), we may reach the merits of the claim "only if the defendant can first demonstrate either cause and actual prejudice, or that he is actually innocent." Bousley v. United States, 523 U.S. 614, 622, 118 S.Ct. 1604, 140 L.Ed.2d 828 (1998) (internal quotation marks and citations omitted). St. Helen has not met this standard.

CONCLUSION

Accordingly, and for the foregoing reasons, we reverse.


Summaries of

St. Helen v. Senkowski

United States Court of Appeals, Second Circuit
Jul 6, 2004
374 F.3d 181 (2d Cir. 2004)

holding that the petitioner had "procedurally defaulted on his ... claim because New York's procedural rules now bar him from raising it in New York Courts" where "direct review by the Court of Appeals [was] no longer available" due to New York Court Rules, "and the failure to have raised the claim on direct review now forecloses further collateral review in state court" pursuant to N.Y. Crim. Proc. Law §440.10(c)

Summary of this case from McFadden v. Pataki

holding a claim that had been raised in the letter requesting leave to appeal to the New York Court of Appeals but not in the brief to the Appellate Division could no longer be reviewed by New York state courts and was thus procedurally defaulted

Summary of this case from Brown v. Conway

holding that, "[i]n the case of procedural default ... [federal courts] may reach the merits of the claim 'only if the defendant can first demonstrate either cause and actual prejudice, or that he is actually innocent' "

Summary of this case from Tillery v. Lempke

holding that, "[i]n the case of procedural default (including where an unexhausted claim no longer can proceed in state court), [federal courts] may reach the merits of the claim `only if the defendant can first demonstrate either cause and actual prejudice, or that he is actually innocent.'"

Summary of this case from Hall v. Bezio

holding that, "[i]n the case of procedural default (including where an unexhausted claim no longer can proceed in state court), [federal courts] may reach the merits of the claim 'only if the defendant can first demonstrate either cause and actual prejudice, or that he is actually innocent.'"

Summary of this case from Hall v. Bezio

In St. Helen, for example, the Second Circuit explained that although the petitioner had not exhausted his federal claim by fairly presenting it to the New York state courts, he had exhausted it because it became procedurally barred under a New York state law that bars review if the claim could have been raised on direct review.

Summary of this case from Casey v. Moore

applying this statute and concluding that the petitioner's claim was barred from further review in the New York courts because "the failure to have raised the claim on direct review now forecloses further collateral review in state court"

Summary of this case from Desrosiers v. Phillips
Case details for

St. Helen v. Senkowski

Case Details

Full title:George ST. HELEN, Petitioner-Appellee, v. Daniel A. SENKOWSKI…

Court:United States Court of Appeals, Second Circuit

Date published: Jul 6, 2004

Citations

374 F.3d 181 (2d Cir. 2004)

Citing Cases

Serrano v. Senkowski

To exhaust a habeas claim, a petitioner is required to have presented the federal constitutional nature of…

Tineo v. Heath

However, "raising a federal claim for the first time in an application for discretionary review to a state's…