State v. Hagins ( 2017 )


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  • IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
    STATE OF DELAWARE
    v. I.D. # 1507016513
    MATTHEW D. HAGINS,
    Defendant.
    Submitted: July 11, 2017
    Decided: October 31, 2017
    Upon Defendant’s Motion for Postconviction Relief: DENIED
    This 31st day of October, 2017, upon consideration of Defendant’s Motion
    for Postconviction Relief (the “Motion”) under Superior Court Criminal Rule 61
    (“Rule 61”) and the record in this case, it appears to the Court that:
    FACTUAL AND PROCEDURAL BACKGROUND
    1. Matthew Hagins Was indicted on September 14, 2015 for two counts
    of Sex Offender Unlawful Sexual Contact With a Childl and four counts of Rape
    Second Degree. The charges stemmed from an interaction between Hagins, then
    27 years old, and two girls, ages 13 and 14, Who engaged in sexual intercourse
    With Hagins. After the girls reported the encounter to police, Hagins Waived his
    Miranda rights and admitted under police questioning to having oral and vaginal
    sex With the two girls. Hagins claimed then, as he has throughout these
    ' As a juvenile, Hagins Was convicted of a sex crime.
    proceedings, that the sex was consensual and that he believed both girls were over
    the age of 18.2
    2. Patrick J. Collins, Esquire (“Trial Counsel”) represented Hagins
    throughout the case. Hagins faced an 85-year minimum mandatory sentence if
    convicted at trial of all charges3 Approximately six months after he was indicted,
    4 The charges to
    Hagins pleaded guilty to two counts of Rape Second Degree.
    which Hagins pleaded guilty carried a statutory penalty of 20 years minimum
    mandatory. The State agreed it would cap its Level V recommendation at the
    minimum mandatory sentence and would not file a habitual offender petition or a
    petition to enhance the sentencing range due to one victim’s age at the time of the
    offense.5
    3. In connection with his plea, Hagins signed a Truth-in-Sentencing
    Guilty Plea form in which he (i) denied he was forced to enter into the plea, and
    (ii) acknowledged he was waiving certain constitutional rights, including the right
    to proceed to trial and force the State to prove the charges against him. Hagins
    also acknowledged on the form that he was satisfied with Trial Counsel’s
    representation and that he had been advised fully of his rights.
    2 D.I. 25, Ex. A.
    3 See D.l. 25 at 1. Hagins was eligible to be declared and sentenced as a habitual offender under
    11 Del. C. § 4214(a). If declared a habitual offender, Hagins would have faced a 150-year
    minimum mandatory sentence.
    4 D.I. 8.
    5 See ll Del. C. § 4205A.
    4. Before accepting the plea, the presiding judge engaged in a colloquy
    with Hagins regarding his decision to plead guilty and the rights he was waiving by
    so doing. During that hearing, Hagins acknowledged signing the Truth-in-
    Sentencing form and confirmed he discussed the form with Trial Counsel.6 The
    presiding judge reviewed with Hagins the two charges to which he was pleading
    guilty, and Hagins admitted committing each of those crimes.7 The judge also
    reviewed with Hagins the constitutional rights he was waiving by pleading guilty,
    and the potential sentence he was facing as a result of the guilty plea.8 Hagins
    stated that he understood the plea proceedings, that Trial Counsel had answered all
    his questions, and that he was not being threatened or promised anything in
    exchange for his plea.9 The judge thereafter accepted Hagins’ plea, holding it was
    knowing, intelligent, and voluntary. '0
    5. While Hagins’ presentence investigation was being conducted, he
    filed a motion to dismiss Trial Counsel and to appoint new counsel, along with a
    motion to compel the Court to rule on the motion to dismiss Trial Counsel.‘l The
    focus of Hagins’ presentence motions was his contention that Trial Counsel had
    taken minimal interest in the case and had allowed Hagins to enter the guilty plea
    6 State v. Hagins, ID No. 1507()16513, at 7-8 (Del. Super. Feb. 8, 2016) (TRANSCRIPT).
    7 Id. at 10-11.
    8 Id. at 9-10.
    9 Id. at 8-10.
    10 Id. at 11.
    llD.I.12,14.
    without allowing him to review his “Rule 16 Discovery in its entirety.”12 Hagins’
    motions suggested a desire to withdraw his plea because it was not knowingly,
    intelligently, and voluntarily entered. The Court forwarded copies of Hagins’
    motions to Trial Counsel and advised Hagins that, because he was represented by
    counsel, he could not file motions directly with the Court and the Court would take
    no further action on the pending motions.'3
    6. On the date of sentencing, however, the Court addressed Mr. Hagins
    directly regarding his motions:
    THE COURT: Mr. Hagins, you’ve sent the Court a number of pro Se
    motions, which I forwarded to your counsel, I believe, under cover of
    letter to you in which 1 indicated that the Court would take no action
    on your motions because they are pro se and you are represented by
    counsel. Do you understand that?
    THE DEFENDANT: Yes.
    THE COURT: Are you lstill interested in filing a motion to withdraw
    your guilty plea?
    THE DEFENDANT: No.
    THE COURT: So you wish to proceed with sentencing today?
    THE DEFENDANT: Yes.14
    7. For each rape charge to which he pleaded guilty, Hagins was
    sentenced to 25 years at Level V, suspended after ten years for decreasing levels of
    12 D.I. 12.
    '3 D.I. 15.
    14 State v. Hagins, ID No. 1507016513, at 3-4 (Del. super. Jun. 10, 2016) (TRANSCRIPT).
    4
    supervision.15 The Court ordered Hagins to have substance abuse and mental
    health evaluations and to complete various counseling programs during his
    sentence.
    8. Hagins filed this Motion for Postconviction Relief on September 6,
    2016.16 He filed a second motion for postconviction relief on May 16, 2017, which
    l have treated as a supplement to his original motion (the “Supplemental
    Motion”).17 In the two filings, Hagins alleges he was entitled to relief because
    Trial Counsel was ineffective for failing to communicate with Hagins, failing to
    prepare or investigate the case, and failing to object to use of a 17 year old
    conviction for sentence enhancement Hagins also alleges the Court abused its
    discretion by accepting his plea and sentencing him knowing he had not reviewed
    his “full Rule 16 Discovery.” Finally, Hagins contends new evidence supports his
    contention that his conduct did not rise to the level necessary to support a
    conviction for Rape Second Degree. At the Court’s request, Trial Counsel
    15 D.I. 17. The sentence was effective July 21, 2015.
    16 D.I. 19. Hagins also filed several requests for appointment of counsel to represent him in
    connection with the Motion, along with a request for an evidentiary hearing. The Court denied
    those requests. See D.I. 24, 31, 33.
    '7 D.I. 29.
    supplemented the record and responded to the Motion by affidavit.18 After an
    extension of his deadline, Hagins filed a reply in further support of his Motion.19
    ANALYSIS
    A. Procedural bars to Hagins’ claims
    9. Before addressing the merits of any claim for postconviction relief,
    this Court first must determine whether the motion procedurally is barred under
    Rule 61.20 A motion for postconviction relief may be barred for timeliness and
    repetition, among other things. A motion filed under Rule 61 is untimely if it is
    filed more than one year after a final judgment of conviction.21 A defendant also is
    barred from filing successive motions for postconviction relief.22 The rule further
    prohibits motions based on any ground for relief that was not asserted in the
    proceedings leading up to the judgment of conviction, unless the movant
    demonstrates “cause for relief from the procedural default” and “prejudice from
    18 D.I. 25. Trial Counsel’s affidavit was filed before Hagins’ Supplemental Motion was filed.
    After reviewing the Supplemental Motion, the Court concluded a supplemental affidavit from
    Trial Counsel was not necessary.
    '9 D.l. 34.
    20 Bailey v. State, 
    588 A.2d 1121
    , 1127 (Del. 1991); Younger v. State, 
    580 A.2d 552
    , 554 (Del.
    1990).
    2‘ super. Ct. Crim. R. 61(i)(1).
    22 
    Id.
     6l(i)(2); see 
    id.
     6l(d)(2)(i)-(ii) (regarding the pleading requirements for successive
    motions).
    violation of the movant’s rights.”23 Finally, the rule bars consideration of any
    ground for relief that previously was adjudicated in the case.24
    10. Hagins’ Motion, his first under Rule 61, was filed less than a year
    after his sentence became final and it therefore is timely and not repetitive. The
    Motion alleges ineffective assistance of counsel, which could not be raised at any
    earlier stage in the proceedings25 Hagins’ allegations were not previously
    adjudicated and the Court therefore may consider the merits of Hagins’ claims.
    B. Hagins has not shown Trial Counsel Was ineffective.
    11. Hagins contends Trial Counsel was ineffective because he (i) failed to
    communicate with Hagins, including providing his complete “Discovery Packet,”
    (ii) did not sufficiently prepare for trial or investigate the case, including
    interviewing witnesses, filing a motion to suppress Hagins’ statement to police,
    and investigating facts that would have resulted in a lesser plea of Rape Fourth
    Degree; and (iii) did not object to the Court’s use of a 17 year old juvenile
    conviction to enhance Hagins’ sentence.
    12. To prevail on a postconviction claim for ineffective assistance of
    counsel in the context of a guilty plea, a defendant must establish that (i) counsel’s
    representation fell below an objective standard of reasonableness, and (ii) but for
    23 Id. 61(1)(3).
    24 ld. 61(1)(4).
    25 Whmle v. Sza¢e, 
    138 A.3d 1149
     (Del. 2016);$¢¢1¢€ v. Evan-Mayes, 2016 wL 4502303, at *2
    (Del. Super. Aug. 25, 2016).
    counsel’s unprofessional errors, there is a reasonable possibility the defendant
    would not have pleaded guilty and instead would have insisted on going to trial.26
    There is a strong presumption that counsel’s representation was reasonable.27
    Accordingly, a defendant must make specific allegations of actual prejudice and
    substantiate them; vague allegations or conclusory statements will not suffice.28
    13. As to Trial Counsel’s alleged failure to communicate, Hagins
    contends Trial Counsel repeatedly refused to communicate with Hagins and
    refused to provide him with copies of certain “mandatory” discovery, including
    police reports, witness statements, and forensic reports. Hagins argues his inability
    to review these materials left him without full knowledge of the case, and therefore
    his plea was not knowing and intelligent, Trial Counsel responds by affidavit that
    he communicated with Hagins both in person and by letter, explaining to him the
    content of the discovery and the high likelihood that he would be convicted based
    on his statement to police and the fact that, regardless of the victims’ purported
    willingness to engage in sexual contact with Hagins, they were not of an age
    legally to consent to such contact.29 Trial Counsel’s affidavit also explains that the
    materials not provided to Hagins, such as witness statements, police reports, and
    sexual forensic reports, were provided by the State as a courtesy to Trial Counsel.
    26 Albury v. State, 
    551 A.2d 53
    , 59 (Del. 1988).
    27 Wrighl'v. State, 
    671 A.2d 1353
    , 1356 (Del. 1996).
    28 Id.; Monroe v. State, 
    2015 WL 1407856
    , at *5 (Del. Mar. 25, 2015).
    29 D.I. 25 at 3-4.
    Trial Counsel indicated he described these items to his client, but did not provide
    copies in light of the State’s courtesy in providing them and the possible risk to
    Hagins’ safety should other inmates learn of the charges against him.30
    14. Hagins has not shown that Trial Counsel’s communications fell below
    an objective standard of reasonableness Whether provided to Trial Counsel as a
    courtesy or under the requirements of Rule 16, Hagins was not entitled to
    photocopies of the evidence in Trial Counsel’s possession.31 Trial Counsel’s
    affidavit describes several conversations he had with Hagins leading up to the day
    of the plea, and Hagins represented to the Court during the plea colloquy that he
    understood what was going on and Trial Counsel had answered all his questions
    regarding the case. A defendant is bound by the statements he gives during the
    plea colloquy absent clear and convincing evidence that he did not understand the
    plea agreement, was forced to accept the plea, or was not satisfied with counsel’s
    30 
    Id.
     ar 5.
    31 See Super. Ct. Crim. R. 16. Although some of the material may have been subject to
    disclosure under Rule 16, the State’s disclosure of such material to Hagins’ counsel, and Trial
    Counsel’s description of the evidence to Hagins, was sufficient to inform Hagins of the State’s
    evidence. Trial Counsel articulated valid reasons not to provide Hagins with photocopies of
    certain materials See State v. Duonnolo, 
    2001 WL 2822843
    , at *2 (Del. Super. Jan. 29, 2001)
    (“Defendant appears to misunderstand that the disclosure rule contemplates that such disclosures
    be made to defense counsel and the information therein then be discussed and shared with the
    defendant. The rule does not contemplate that Defendant have each disclosure in his, and not his
    attorney's, possession.”)
    representation.32 Hagins has not provided clear evidence challenging the Trial
    Court’s finding that his plea was knowing, intelligent, and voluntary.
    15. As to Trial Counsel’s alleged failure to prepare, Hagins alleges Trial
    Counsel failed to interview witnesses and refused to file a motion to suppress
    Hagins’ statement to police. Hagins contends that, had Trial Counsel investigated,
    he would have discovered facts indicating that Hagins’ conduct did not rise to the
    level of Rape Second Degree, but only to Rape Fourth Degree. Specifically,
    Hagins alleges the victims “paraded [sic] they both were 18 years of age and the
    sexual contact was not forced. Therefore the crime was akin to the offense of 411l
    Degree [Rape].”33 In his affidavit, Trial Counsel acknowledges that family
    members interviewed by counsel’s mitigation specialist confirmed they were
    present in the house while the offense occurred and heard no screams or sounds of
    distress, but Trial Counsel asserts those statements would not have altered the fact
    that the girls were below the age of legal consent and Hagins confessed to having
    sex with them. As to moving to suppress Hagins’ statement, Trial Counsel
    retained a forensic psychologist to evaluate Hagins’ capacity to waive his Miranda
    rights and stand trial. The psychologist confirmed Hagins’ capacity to knowingly
    32 Somerville v. State, 
    703 A.2d 629
    , 632 (Del. 2008).
    33 D.I. 34 at 2.
    10
    and voluntarily waive his Miranda rights, eliminating any basis to suppress his
    statement to police.34
    16. Hagins has not met either prong of the Strickland standard with
    respect to this argument First, the record establishes that Trial Counsel’s
    investigation of the case included retaining a psychologist to evaluate Hagins’
    capacity to support a motion to suppress Hagins’ statement. Trial Counsel also
    retained a mitigation specialist, who interviewed witnesses regarding their
    observations of Hagins and the victims on the night in question. Both actions were
    well within the range of reasonableness given the facts of this case, particularly the
    age of the victims and their legal incapacity to consent to any sexual contact.
    Second, Hagins has not demonstrated any prejudice; he has not identified any basis
    on which Trial Counsel could have moved to suppress the statement other than
    capacity, and he has not sufficiently explained why his admitted conduct did not
    support a plea of Rape Second Degree. Under Delaware law, a person is guilty of
    rape in the second degree when the person: “(1) intentionally engages in sexual
    intercourse with another person, and the intercourse occurs without the victim’s
    consent.”35 Here, given the disparity between the victims’ age and Hagins’ age,
    any perceived consent was irrelevant because “a child who has not yet reached that
    child’s sixteenth birthday is deemed unable to consent to a sexual act with a person
    34 D.I. 25 at 2 and Ex. B, C.
    35 11Del. C. § 772(3)(1).
    11
    more than 4 years older than said child.”36 Accordingly, Hagins has not shown
    that, had Trial Counsel pursued a different strategy, Hagins’ motion would have
    been suppressed or he would not have accepted the State’s plea offer.
    17. Finally, as to Trial Counsel’s alleged ineffective assistance at
    sentencing, Hagins argues “the Court clearly stated she used an offense from
    movant’s juvenile record to enhance the penalties and counsel did not object.”37
    Hagins argues SENTAC guidelines “establish a ten-year gap between offenses” for
    purposes of sentence enhancement, and that the crime used to enhance his sentence
    was a juvenile offense committed more than 17 years before sentencing.38
    18. Hagins’ reference to the Court’s use of his juvenile record for
    sentence enhancement is not supported by the record. The Court did not refer to or
    rely on Hagins’ juvenile conviction as the basis for the sentence imposed, and the
    Court sentenced Hagins to the minimum sentence mandated by the crimes to which
    he pleaded guilty. Although Hagins was indicted on two charges of Sex Offender
    Unlawful Sexual Contact with a Child, which were based on his juvenile
    conviction, those charges were dismissed after he entered the plea and were not
    considered in connection with his sentence. Accordingly, Trial Counsel was not
    ineffective in “failing” to object to something that never occurred.
    36 11 Del. C. § 761(k).
    37 D.I. 34 at 3.
    38 Id. at 3. Trial Counsel did not have an opportunity to respond to this allegation because it only
    was raised in Hagins’ Supplemental Motion. As no sentencing enhancement occurred in this
    case, the Court did not ask Trial Counsel to supplement his affidavit
    12
    C. Hagins has not shown any judicial abuse of discretion.
    19. Hagins argues that the Court abused its discretion by accepting his
    plea knowing he had not been given his Rule 16 discovery and therefore could not
    knowingly enter his plea.39 Assuming for the sake of argument that the judge who
    accepted Hagins’ plea was aware he had not reviewed the police reports, witness
    statements, or forensic report, the Court did not abuse its discretion in accepting
    Hagins’ plea based on his written and verbal representations that he was not being
    forced to take the plea, was satisfied with his counsel’s representations, did not
    have any further questions for his counsel, and was in fact guilty of the conduct for
    which he was charged. l\/Ioreover, as explained above, Hagins was not entitled to
    photocopies of the evidence the State provided to Trial Counsel.
    D. Hagins has not shown any “new” evidence supports postconviction
    relief.
    20. Finally, Hagins argues he “has discovered new evidence that the
    teenage victims though under 18 continue[] to parade about under the guise of
    being 18.”‘10 Hagins contends the victims “continue to beguile unsuspecting
    persons that they are 18 . . . and . . . this fact needs to be investigated by
    professionals in order to protect [Hagins].”41 Based on this “new evidence,”
    Hagins asserts the victims “should not be allowed to cause him to spend 20 years
    39 Hagins incorrectly asserts that the judge who sentenced him was the same judge who accepted
    his plea.
    40 D.I. 34 at 4.
    41 Ia’.
    13
    in prison when they knowingly, willfully, and intentionally participated in
    consensual sex acts with an older person.”42
    21. As set forth above, the charges to which Hagins pleaded guilty do not
    require any evidence of the victims’ lack of consent other than their age. That is,
    because they were under 16 and Hagins was more than four years older, the sexual
    acts to which Hagins admitted constituted Rape Second Degree, regardless of how
    the victims portrayed themselves or their perceived willingness to participate in the
    sexual acts. Accordingly, the “new evidence” Hagins claims to have does not
    entitle him to relief.
    For all the foregoing reasons, Matthew D. Hagins’ Motion for
    Postconviction Relief is DENIED. IT IS SO ORDERED.
    AK`gbi'H\/l. L£e@i>f)w, Judge
    Original to Prothonotary
    cc: Diana Dunn, Deputy Attorney General
    Matthew D. Hagins, pro se (SBI No. 403578)
    42 Id.
    14
    

Document Info

Docket Number: 1507016513

Judges: LeGrow J.

Filed Date: 10/31/2017

Precedential Status: Precedential

Modified Date: 11/1/2017