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Vaughans v. Superintendent

United States District Court, N.D. Indiana

April 14, 2017

EDDIE VAUGHANS, Petitioner,
v.
SUPERINTENDENT, Respondent.

          OPINION AND ORDER

          THERESA L. SPRINGMANN UNITED STATES DISTRICT COURT CHIEF JUDGE

         Eddie Vaughans, a pro se prisoner, filed an Amended Habeas Corpus Petition [ECF No. 3], pursuant to 28 U.S.C. § 2254, challenging his 2005 drug conviction in Marion County in Cause No. 49G20-0303-FA-050900. The Respondent argues that the Amended Habeas Corpus Petition must be dismissed because it is untimely and the claims are procedurally defaulted.

         BACKGROUND

         In deciding the Amended Petition, the Court must presume the facts set forth by the state courts are correct. 28 U.S.C. § 2254(e)(1). It is Vaughans' burden to rebut this presumption with clear and convincing evidence. Id. On direct appeal, the Indiana Court of Appeals set forth the facts underlying this case as follows:

On March 28, 2003, Marion County Sheriff's Department Officer Garth Schwomeyer drafted a probable cause affidavit to obtain a search warrant for Vaughans's residence. The affidavit provides in pertinent part:
ON MARCH 27, 2003DET SCHWOMEYER AND ASSISTING UNITS OF THE MARION COUNTYSHERIFF'S DEPARTMENTCOVERT OPERATIONS GROUP CONTINUED AN INVESTIGATION INTO THE SALES AND DISTRIBUTION OF ILLEGAL NARCOTICS AT 5264NMICHIGAN ROAD APARTMENT #204, INDIANAPOLIS,
MARION COUNTY, INDIANA.DETSCHWOMEYERFOUNDTHE PRIMARY RESIDENT OF 5264NMICHIGAN ROAD #204 TOBE EDDIE VAUGHANS B/M DOB 05/10/1964 AND A SS# OF 428-21-5211.THE RESIDENCEAT 5264NMICHIGAN ROAD #204IS DESCRIBED AS ATHREESTORY, MULTI-FAMILYAPARTMENT BUILDING CONSTRUCTED OF BROWNISH BRICK WITH BEIGE SIDING ANDHAS AREDDISH BROWN SHINGLED ROOF, APARTMENT NUMBER#204ISON THESECONDFLOORANDHAS THENUMBERS204AFFIXEDTOTHEFRONTDOORONA COMBINATION DOOR KNOCKER AND PEEP HOLE. (SEE PHOTO)
[Photo inserted here in original.]
ON MARCH 27, 2003 DET SCHWOMEYER UTILIZED A CONFIDENTIAL INFORMANT (CI) TO CONDUCT A CONTROLLED PURCHASE OF WHAT WAS REPRESENTED TO BE $100.00 WORTH OF COCAINE BASE FROM THE RESIDENCE LOCATED AT 5264 N MICHIGAN ROAD #204. THE CI PLACED A TELEPHONE CALL TO EDDIE VAUGHANS TO ARRANGE THE TRANSACTION AND WAS TOLD BY MR VAUGHANS TO COME OVER TO HIS RESIDENCE. DET SCHWOMEYER SEARCHED THE CI IN ACCORDANCE WITH SHERIFF'S DEPARTMENT STANDARD OPERATION PROCEDURE AND FITTED HIM/HER WITH AN AUDIO MONITORING DEVICE. DET SCHWOMEYER SUPPLIED THE CI WITH $100 OF OFFICIAL MARION COUNTY SHERIFF'S DEPARTMENT BUY MONEY, WHICH HAD BEEN PREVIOUSLY RECORDED AND WATCHED THE CI PROCEED TO 5264 N MICHIGAN ROAD. DET WILKERSON MAINTAINED VISUAL CONTACT WITH THE CI AS HE/SHE WENT TO APARTMENT #204 AND ENTERED THE APARTMENT. DETECTIVES MONITORED THE CONVERSATION INSIDE THE APARTMENT AS THE CI EXCHANGED THE PROVIDED CURRENCY FOR TWO SMALL BAGGIES OF OFF WHITE SUBSTANCE THAT DET SCHWOMEYER BELIEVES BASE[D] ON HIS TRAINING AND EXPERIENCE AS A NARCOTICS DETECTIVE TO BE COCAINE BASE (CRACK). [U]PON COMPLETING THE TRANSACTION THE CI EXITED THE APARTMENT AND PROCEEDED TO A PREDETERMINED MEET LOCATION UNDER CONSTANT OBSERVATION BY DETECTIVES. DET SCHWOMEYER RECOVERED THE TWO BAGGIES OF SUSPECTED COCAINE FROM THE CI'S RIGHT FRONT POCKET AND SECURED THEM IN A HEAT SEALED ENVELOPE. DET SCHWOMEYER CONDUCTED ANOTHER SEARCH OF THE CI PURSUANT TO STANDARD OPERATING PROCEDURE. DET SCHWOMEYER DEBRIEFED THE CI AND TRANSPORTED THE
SUSPECTED NARCOTICS TO THE PROPERTY ROOM FOR ANALYSIS. ON MARCH 28, 2003 MARION COUNTY CRIME LAB CHEMIST GLEN MAXWELL M9357 FOUND THE SUBSTANCE SUBMITTED FROM THE CONTROLLED BUY ON MARCH 27, 2003 AT 5264 N MICHIGAN ROAD #204, TO BE 0.4860 GRAMS OF COCAINE. GIVEN THE ABOVE STATED FACTS AND ATTENDING CIRCUMSTANCES DET SCHWOMEYER BELIEVES AND HAS GOOD CAUSE TO BELIEVE THAT ADDITIONAL NARCOTICS MAY BE CONCEALED INSIDE THE RESIDENCE LOCATED AT 5264 N MICHIGAN ROAD #204. DET SCHWOMEYER REQUESTS THAT A SEARCH WARRANT BE ISSUED FOR 5264 N MICHIGAN ROAD #204 AND THERE DILIGENTLY SEARCH FOR THE FOLLOWING ITEMS TO WIT: COCAINE, OTHER CONTROLLED SUBSTANCES, MONIES, CELL PHONES AND PAGERS USED TO FACILITATE NARCOTICS TRANSACTIONS, WEAPONS USED TO PROTECT SAID INTERESTS, LEDGERS OR RECORDS OF ILLEGAL NARCOTICS TRANSACTIONS, PERSONS ON OR ABOUT THE CURTILAGE OF THE PROPERTY WHICH MAY BE CONCEALING ABOVE STATED ITEMS, VEHICLES DIRECTLY ASSOCIATED WITH THE OWNER OF THE RESIDENCE EDDIE VAUGHANS.
Based upon this affidavit, a search warrant was issued.
Later that afternoon, on March 28, 2003, a team from the Marion County Sheriff's Department executed the search warrant. Vaughans was in his one-bedroom apartment with an acquaintance, Jerome Elders, during the search. Officers recovered $140 in cash and a small rock of cocaine, worth about $40, from Elders's pockets. They found $2920 in cash rolled up in Vaughans's pocket. Within Vaughans's reach, officers discovered 3.1422 grams of cocaine. Two other rocks of cocaine were found in the apartment, 3.0090 grams in the living room and 3.1422 grams on the kitchen counter. Near the cocaine in the kitchen, officers discovered a box of plastic baggies and a pill bottle containing forty Hydrocodone pills, for which Vaughans did not have a prescription. Finally, a .22 caliber revolver was found under Vaughans's bed, loaded with nine rounds of hollow point ammunition, and a .25 caliber handgun was found between the cushions of the couch in the living room. Vaughans and Elders were arrested at the scene. On March 31, 2003, Vaughans was charged with Count I, class A felony dealing in cocaine; Count II, class C felonypossession of cocaine; Count III, class C felony possession of cocaine and a firearm; Count IV, class B felony unlawful possession of a firearm by a serious violent felon; and, Count V, class D felony possession of a controlled substance. Count IV was later dismissed by the State.
On April 1, 2005, the trial court held a hearing on Vaughans's motion to suppress evidence obtained as a result of the search. Vaughans claimed that the underlying affidavit for the search warrant failed to establish probable cause. The trial court subsequently denied the motion to suppress. Following a jury trial, in July 2005, Vaughans was found guilty as charged. The trial court entered convictions on Counts I, III, and V. Thereafter, on August 9, 2005, the trial court sentenced Vaughans to forty-five years in prison on Count I, five years on Count III, and two years on Count V. The sentences for Counts I and V were ordered to be served consecutively, for an aggregate sentence of forty-seven years in prison.

Vaughans v. State, No. 49A02-0509-CR-848, slip op. at *2-5 (Ind.Ct.App. Oct. 2, 2006) (internal citation and ...


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