Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Allen v. Baker

United States District Court, D. Kansas

September 25, 2019

JOSEPH LEE ALLEN, Petitioner,
v.
RON BAKER, Respondent.

          ORDER TO SHOW CAUSE

          Sam A. Crow, U.S. Senior District Judge

         This matter is a petition for habeas corpus filed under 28 U.S.C. § 2254. Petitioner proceeds pro se. Because he submitted the filing fee, the Court denies his motion to proceed in forma pauperis as moot.

         The motion to appoint counsel

          Petitioner 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 (10thCir. 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 considered the record and declines to appoint counsel at this time. It appears that petitioner is able to articulate his claims for relief and is well familiar with the record.

         Factual background

          Petitioner was convicted in the District Court of Shawnee County, Kansas, of attempted first-degree murder, aggravated battery, and criminal possession of a firearm.

         The Kansas Court of Appeals (KCOA) summarized the factual background as follows:

Wayne “Squirt” Brandon, Jr., was shot in front of his home sometime between 9:35 and 9:55 p.m. Immediately after the shooting, Brandon identified Allen as the shooter and informed police that Allen drove a white Cadillac.
At trial, Brandon again identified Allen as the shooter. Several of Brandon’s neighbors testified they heard gunshots but did not see the shooting or see Allen or his white Cadillac in the area of the shooting. Russell Marshall, who was incarcerated with Allen after the shooting, testified Allen admitted he shot Squirt, and gave Marshall a letter to deliver to Squirt in which Allen offered Squirt “a thousand dollars and a Cadillac if he didn’t show up for court.”
Allen admitted writing two letters to Brandon offering him money, but maintained the letters were counteroffers in response to Brandon’s attempt to extort an even larger sum of money from Allen. Allen denied giving Marshall a letter for Brandon or telling Marshall that he shot Brandon.

State v. Allen, 2010 WL 3636269, at *1.

         Procedural background

          On appeal, proceeding with appointed counsel Gerald Wells, petitioner alleged ineffective assistance of trial counsel. The KCOA remanded the matter to the district court for a hearing under State v. Van Cleave, 716 P.2d 580 (2016)[1]. State v. Allen, 238 P.3d 331 (Table), 2010 WL 3636269 (Kan.Ct.App. Sep. 10, 2010)(Allen I).

         On remand, petitioner proceeded pro se with standby counsel and offered the testimony of several witnesses. The district court denied the claims for relief. On appeal, Mr. Wells again was appointed to represent petitioner. The KCOA denied relief. State v. Allen, 338 P.3d 24 (Table), 2014 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.