United States District Court, D. Kansas
WILLIAM D. MAY, Petitioner,
WARDEN JAMES HEIMGARTNER, Respondent.
MEMORANDUM AND ORDER
CROW, U.S. SENIOR DISTRICT JUDGE
matter is a petition for habeas corpus filed under 28 U.S.C.
§ 2254. Petitioner proceeds pro se, and the Court grants
leave to proceed in forma pauperis.
of the Rules Governing Habeas Corpus Cases Under Section 2254
requires the federal court to promptly examine a habeas
petition and to dismiss the action where it “plainly
appears from the petition and any attached exhibits that the
petitioner is not entitled to relief in the district
court.” The Court has examined the petition and enters
the following order.
to appoint counsel
also moves for the appointment of counsel. An applicant for
habeas corpus relief has no constitutional right to the
appointment of counsel. See Swazo v. Wyo. Dept. of
Corr., 23 F.3d 332, 333 (10th Cir.
1994)(“[T]here is no constitutional right to counsel
beyond the appeal of a criminal conviction, and …
generally appointment of counsel in a § 2254 proceeding
is left to the court's discretion.”). Rather, the
court may appoint counsel when “the interests of
justice so require” for a petitioner who is financially
eligible. See 18 U.S.C. §3006A (1)(2)(b). The
court has studied the petition and concludes that the
appointment of counsel is not warranted in this matter at the
present stage of the proceedings.
Court adopts the factual and procedural background statements
of this matter from two decisions entered by the Kansas Court
May had been living in the basement of the home of his
elderly parents, Margaret and Doyle May, for several months.
Late one night, while his parents were beginning to retire to
bed, May entered their upstairs bedroom with his guitar and a
beer. A verbal altercation began. There is some question as
to the reason for it.
Police officers were dispatched to a physical disturbance at
the Mays' home because May was allegedly ‘beating
the hell out of' Doyle. When the officers arrived, Doyle
was bleeding from his left ear. Although the cut was not
serious, there was excessive blood as a result of Doyle
taking a blood thinner medication, Coumadin. One officer
testified that Doyle's shirt was ripped and the kitchen
was splattered with blood. The Coumadin made it difficult for
Doyle to stop bleeding. After the paramedics learned that
Doyle was taking that medication, they attempted to take him
to the hospital but he refused.
The officers arrested May. After the paramedics left the
home, Doyle and Margaret watched television in bed. A few
hours later, Doyle seemed to be disoriented and complained of
a headache. He went to the restroom and collapsed. Margaret
called 911. When paramedics arrived, Doyle was barely
conscious. Doyle received several X-rays and CAT scans. He
slipped into a coma, which had resulted from a subdural
hematoma. Physicians explained to the family that Doyle would
not likely recover from the coma. The following day, at the
family's request, Doyle was removed from life support and
State v. May, 274 P.3d 46 (Table), 2012 WL 1352827
at *1 (Kan.Ct.App. Apr. 12, 2012), rev denied Apr.
In December 2009, a jury convicted May of reckless
second-degree murder of his father and misdemeanor domestic
battery against his mother. The district court sentenced May
to 138 months' imprisonment and 80 days in jail, with 36
months' postrelease supervision.
May filed a direct appeal arguing the district court (1)
failed to give a voluntary intoxication instruction, (2)
failed to give his proposed instruction on favoritism or
sympathy, and (3) violated his constitutional rights under
Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct.
2349, 147 L.Ed.2d 435 (2000). [The Kansas Court of Appeals]
affirmed May's convictions and sentences. State v.
May, No. ...