United States District Court, S.D. Texas, McAllen Division
REPORT & RECOMMENDATION
F. Alanis United States Magistrate Judge.
Mr. Abel Jaimes Sanchez, a state prisoner proceeding pro se,
filed a writ of habeas corpus pursuant to 28 U.S.C. §
2254. (Dkt. No. 2.) This case was referred to the undersigned
magistrate judge for report and recommendation pursuant to 28
U.S.C. § 636(b). On August 8, 2019, Respondent filed a
Motion for Summary Judgment in response to Petitioner's
writ. (Dkt. No. 8.) After a careful review of the record and
relevant law, and for reasons set forth below, the
undersigned recommends that Respondent's Motion for
Summary Judgment (Dkt. No. 8) be GRANTED and
that Petitioner's § 2254 petition (Dkt. No. 2) be
DENIED. It is further recommended that
Petitioner's § 2254 petition (Dkt. No. 2) be
DISMISSED. Finally, Petitioner's §
2254 case should be closed.
further recommended that the District Court
DECLINE to issue a certificate of
appealability in this matter.
30, 2014, a grand jury in Hidalgo, Texas charged Petitioner
by indictment of intentionally or knowingly causing the death
of an individual. (Dkt. No. 9-10 at 19.) On September 8,
2015, Petitioner pleaded guilty to murder pursuant to a plea
agreement in the 389th Judicial District Court of Hidalgo
County, Texas. (Dkt. No. 2 at 2-3; Dkt. No. 9-12 at 80-82.)
Petitioner was sentenced to 45 years of imprisonment. (Dkt.
No. 9-12 at 80-82.) Petitioner did not file a direct appeal.
(Dkt. No. 1 at 3.)
April 25, 2016, Petitioner filed a state application for writ
of habeas corpus. (Dkt. No. 9-14 at 31-49.) In his state
application, Petitioner claimed that (1) defense counsel
coerced Petitioner to plead guilty and was generally
ineffective in preparing for trial; (2) his due process
rights were violated when witnesses were coerced not to
testify and help prove Petitioner's innocence; (3) his
due process rights were violated when evidence of his
innocence was destroyed; and (4) his due process rights were
violated when he was charged with murder instead of
manslaughter. (Id. at 36-43.) On October 5, 2016,
the Court of Criminal Appeals ordered the trial court to
gather additional facts concerning Petitioner's
ineffective assistance of counsel claim. (Dkt. No. 9-16 at
1-3.) The 389th Judicial District Court ordered defense
counsel to respond to Petitioner's claim of ineffective
assistance of counsel on January 24, 2017. (Dkt. No. 9-7 at
7.) On February 8, 2017, Petitioner's trial counsel
submitted an affidavit responding to Petitioner's claims.
(Dkt. No. 9-7 at 15-16.) On March 23, 2017, trial counsel
filed a supplemental affidavit in response to
Petitioner's claims. (Dkt. No. 9-9 at 18-24.) On March
24, 2017, the trial court entered an order with additional
findings of fact and conclusions of law. (Dkt. No. 9-9 at
32-36.) On March 29, 2017, Petitioner's application was
denied without written order. (Dkt. No. 9-1.) Petitioner
filed a motion for rehearing on May 5, 2017, which was
subsequently denied on May 10, 2017. (Dkt. No. 9-4 at 1.)
August 28, 2017, Petitioner filed an original petition for
writ of habeas corpus pursuant to 28 U.S.C. § 2254 in
the Southern District of Texas, McAllen Division. A Report
and Recommendation was filed on July 15, 2018, recommending
that Petitioner's initial § 2254 petition be denied
and dismissed with prejudice. Sanchez v. Davis, 2018
WL 4691588, at *1 (S.D. Tex. July 15, 2018).
the Report and Recommendation, Petitioner's claims were
construed as follows:
(1) trial counsel was ineffective for failing to investigate
a second ballistics report;
(2) Petitioner's plea was not knowing, voluntary, or
(3) trial counsel was ineffective for failing to hire an
expert witness to refute the state's pathology report;
(4) trial counsel was ineffective for failing to interview a
key witness; and (5) the trial court denied his request for
Id. at *2. The Report and Recommendation was adopted
on September 28, 2018, Sanchez v. Davis, 2018 WL
4680600 (S.D. Tex. Sept. 28, 2018). Petitioner appealed and
the Fifth Circuit dismissed the appeal for untimely filing a
notice of appeal. Sanchez v. Davis, 2018 WL 8367912
(5th Cir. Dec. 20, 2018).
filed the instant § 2254 petition on May 21, 2019. (Dkt.
No. 2 at 9.)
Summary of the Pleadings
raises four claims pertaining to his murder conviction out of
the 389th Judicial District Court, Hidalgo County, Texas.
Petitioner claims the following:
(1) the court refused to recognize his rights as a citizen of
(2) counsel was ineffective for failing to retain an expert
to refute ...