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Chatmon v. Davis

United States District Court, S.D. Texas, Houston Division

June 28, 2019

CORRION MYKEL CHATMON, Petitioner,
v.
LORIE DAVIS, Respondent.

          MEMORANDUM AND ORDER

          KENNETH M. HOYT UNITED STATES DISTRICT JUDGE

         This case is before the Court on Petitioner Corrion Mykel Chatmon's petition for a writ of habeas corpus, and Respondent Lorie Davis' motion for summary judgment. Having carefully considered the petition, the motion, all the arguments and authorities submitted by the parties, and the entire record, the Court is of the opinion that Respondent's motion should be granted and Chatmon's petition should be dismissed.

         I. Background

         Chatmon is an inmate in the custody of the Texas Department of Criminal Justice. He pled guilty in the 180th District Court of Harris County, Texas to one count of being a felon in possession of a weapon. Pursuant to the plea agreement, the trial court sentenced Chatmon to a three year term of imprisonment. Judgment, CR at 59-60.[1]

         A Texas appellate court affirmed Chatmon's conviction. Chatmton v. State, No. 01-16-00331-CR, 2016 WL 6754595 (Tex. App. - Houston [1st Dist.] Nov. 15, 2016, pet. ref'd). The Texas Court of Criminal Appeals (“TCCA”) refused Chatmon's petition for discretionary review.

         Chatmon filed a state habeas corpus application. The TCCA denied relief on August 9, 2017. Ex Parte Chatmon, No. WR-87, 162-01 (Tex. Crim. App. Aug. 9, 2017).

         Chatmon filed this federal petition on June 23, 2018. Respondent moved for summary judgment on September 24, 2018. Chatmon did not respond to the motion.

         II. Background

         The Texas Court of Appeals summarized the relevant facts:

In May 2014, Deputy Hebert, an employee of the County Sheriff's Office Crime Control Division, was traveling north on Homestead Road. Hebert spotted a vehicle with no front license plate and dark tinted windshield and front side windows. He executed a traffic stop. Hebert asked Chatmon, the driver, for his driver's license and proof of insurance. Chatmon gave Hebert his driver's license and informed Hebert that he did not have proof of insurance because the car was a rental. Hebert checked the tint on the windows and ran a warrant check. The warrant check revealed that Chatmon had a previous charge for unlawfully carrying a weapon, multiple charges for burglary of a motor vehicle, and other misdemeanor and felony cases. But Hebert found no open warrants for Chatmon's arrest.
Hebert issued citations for the offenses of (1) attempted window material-wrong color; (2) affixing light-altering material to the window; and (3) no seat belt-driver. Hebert asked Chatmon if he had any weapons in his vehicle. After Chatmon responded “no, ” Hebert asked for permission to search Chatmon's vehicle. Chatmon agreed.
Hebert recovered approximately 100 gift cards from the center console and three cell phones. He also found a pair of black gloves, a sling shot, four flashlights, two screwdrivers, and a pair of binoculars. Screwdrivers and binoculars are typically used in the burglary of motor vehicles. Without seeking additional consent, Hebert then searched the contents of Chatmon's cell phone. He discovered numerous photos of random individuals at gas stations. Hebert then continued the search of the vehicle. He found a loaded Glock 27 hidden under the steering column behind the plastic covering.
The trial court overruled Chatmon's motion to suppress evidence of the gun. Chatmon then pleaded guilty and was sentenced to three years' confinement in the Institutional Division of the Texas Department of Criminal Justice.

Chatmon v. State, No. 01-16-00331-CR, 2016 WL 6754595, at *1 (Tex. App. [1st Dist.] Nov. 15, ...


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