United States District Court, S.D. Texas, Houston Division
MEMORANDUM AND ORDER
KENNETH M. HOYT UNITED STATES DISTRICT JUDGE
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.
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.
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
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).
filed this federal petition on June 23, 2018. Respondent
moved for summary judgment on September 24, 2018. Chatmon did
not respond to the motion.
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
Chatmon v. State, No. 01-16-00331-CR, 2016 WL
6754595, at *1 (Tex. App. [1st Dist.] Nov. 15,