United States District Court, D. Oregon
PAUL A. ARCHULETA, Petitioner,
JOHN MYRICK, Respondent.
ANTHONY D. BORNSTEIN Assistant Federal Public Defender
Attorney for Petitioner.
F. ROSENBLUM Attorney General NICK M. KALLSTROM Assistant
Attorney General Department of Justice Attorneys for
OPINION AND ORDER
V. Acosta United States Magistrate Judge.
an inmate at the Two Rivers Correctional Institution, brings
this habeas corpus action pursuant to 28 U.S.C. § 2254.
The parties have consented to the jurisdiction of a
magistrate pursuant to 28 U.S.C. § 636. For the reasons
that follow, the Court DENIES the Petition for Writ of Habeas
Corpus (ECF No. 2).
summer of 2010, Petitioner began discussing a plan to produce
methamphetamine with two co-conspirators, James Tilton and
Nicholas Thomas. According the plan described by Thomas at
trial, he was to cook the meth, Tilton was to sell the meth,
and Petitioner was to act as security for the operation.
three came up with a plan to "do something really
bad" for the purpose of binding their commitment. The
plan was to take someone into the woods and kill them, and
for all three to take part in the killing. Specifically, all
three were to stab the victim, and then Tilton would slit the
victim's throat at the end. The chosen victim was
6, 2010, the three told the victim they were taking her with
them on a trip to Mexico and started driving into the coast
range. At a secluded spot along the highway, they pulled over
and all four got out and walked into the woods. Tilton
ordered the victim to take off all of her clothes, which she
did. Then, as planned, Tilton held the victim from behind
while Thomas and Petitioner each stabbed her three to four
times in the abdomen and chest. Tilton then took the knife
and slashed the victim's throat several times, then
twisted her neck in an effort to break it.
victim played dead, and Tilton and Thomas threw her down a
slope toward a creek. She then got up and ran. Thomas and the
Petitioner ran after her and saw her lying on the ground next
to a tree. Only Petitioner went over to her, and when he
returned he told Thomas and Tilton that he had hit her with a
stick, that she didn't move, and that he thought she was
dead. The three left her for dead and went back to town.
victim got up and walked along a creek. Her left lung was
punctured, so she often had to stop and lie down. She was
using her left hand to put pressure on her neck, and her
right hand to cover her other wounds, including one in her
abdomen through which her intestines were hanging out.
Eventually, she crawled under a fence and came to a barn. The
barn owner was working in her yard when she spotted the
victim, who was not wearing any clothes, was covered in
blood, and appeared very weak. The barn owner called police,
and the victim was able to tell the 911 operator the names of
the people who had attacked her. The victim was transported
to Emanuel Hospital, where she recovered. Police apprehended
the three men later that night.
15, 2010, a Clatsop County grand jury indicted Petitioner on
five counts of Attempted Aggravated Murder and one count each
of Assault in the First Degree, Robbery in the First Degree,
and Kidnapping in the First Degree. Resp. Exh. 102. The case
was tried to a jury. The trial judge dismissed three counts
of Attempted Aggravated Murder and the charge of Robbery in
the First Degree. Resp. Exh, 116, p. 1. The jury acquitted
Petitioner on one of the remaining counts o f Attempted
Aggravated Murder and the Kidnapping in the First Degree
charge. Id. The jury found Petitioner guilty of
Attempted Murder (as a lesser-included offense of the
remaining Attempted Aggravated Murder charge) and Assault in
the First Degree. Id.
trial judge sentenced Petitioner to 90 months of imprisonment
on each conviction, to be served consecutively, and to be
followed by three year of post-prison supervision, Resp. Exh.
116, p. 15. The court also imposed a total money award of
$120, 771.56, including $20, ...