United States District Court, D. Oregon
J. Hester Assistant Federal Public Defender, Attorney for
F. Rosenblum, Attorney General Samuel A. Kubernick, Assistant
Attorney General Department of Justice, Attorneys for
OPINION AND ORDER
A. Hernandez United States District Judge.
brings this habeas corpus case pursuant to 28 U.S.C. . §
2254 challenging the legality of his state-court convictions.
For the reasons that follow, the Petition for Writ of Habeas
Corpus (#2) is denied.
January 21, 2005, Corrina Colvin set up a birthday party for
Petitioner. As Petitioner was arriving to the party, a male
acquaintance approached Colvin from behind and pulled her
toward him by her belt loops. This enraged Petitioner, and he
directed his anger at Colvin. As soon as the couple arrived
at their home, Petitioner struck Colvin from behind when she
was one step inside the home, knocking her to the floor.
Trial Transcript, p. 134. When she tried to stand up,
Petitioner knocked her down again. He then began ripping off
Colvin'' s shirt and bra. Colvin tried to get away to
escape upstairs and put more clothes on, but Petitioner
repeatedly knocked her down. Id. at 139.
left to go into the garage, at which time Colvin moved
upstairs and put on another bra and shirt. She was not able
to contact the police because Petitioner had hidden her phone
as well as her car keys. Id. at 139. Petitioner
returned to the house, found Colvin upstairs and hit her in
the back of the head with such force that she "flew over
the bed and landed in between the wall and the bed on the
other side." Id. at 14 0. He again ripped her
shirt and bra from her, and then attempted to rupture her
breast implants while telling her "You're a
fake." Id. at 142.
left the bedroom, and Colvin once again put on more clothes
and lay very still on the bed in the hopes that Petitioner
would stop hurting her. Petitioner returned with two butcher
knives, and he cut off her bra and shirt before throwing the
knives aside and telling Colvin that he loved her.
point, Colvin was able to get out the front door of the
house. She made it "probably seven feet" out the
front door but Petitioner "came out and picked me up and
carried me back in." Id. at 143-44. At another
point, Petitioner grabbed her by her hair and dragged her up
the stairs of the home, leaving her with bald spots on the
back of her head. Id. at 147.
Petitioner had calmed down, Colvin went downstairs, consumed
three bottles of pills in an attempt to commit suicide, and
asked Petitioner to tell her children that she loved them.
She later changed her mind about taking her own life, and
asked Petitioner to drive her to the hospital but he was
unable to find the keys to any of their three cars, could not
find either of their phones, and would not allow Colvin to
leave the house. Id. at 149-50. Petitioner
ultimately located the keys to his van and took Colvin to the
hospital for treatment.
Marion County Grand Jury indicted Petitioner on two counts of
Kidnapping in the First Degree, two counts of Assault in the
Fourth Degree, and one count each of Coercion, Unlawful Use
of a Weapon, Robbery in the Third Degree, and Harassment.
Respondent's Exhibit 102. A jury convicted Petitioner of
all charges, and the trial court sentenced him to a prison
sentence totaling 186 months.
took a direct appeal where the Oregon Court of Appeals found
that the trial court failed to merge the Kidnapping I
convictions, remanded the case for resentencing on this
issue, but otherwise affirmed the trial court's
decision. State v. Redwing, 222 Or.App.
200, 192 P.3d 856 (2009). Petitioner did not seek further
review by the Oregon Supreme Court.
next filed for post-conviction relief ("PCR") in
Marion County where he alleged that trial counsel was
ineffective for failing to challenge the kidnapping charges
as unsupported by state law. Respondent's Exhibit 110.
The PCR Court denied relief on the PCR Petition, the Oregon
Court of Appeals affirmed that decision without opinion, and
the Oregon Supreme Court denied review. Redwing v.
Premo, 277 Or.App. 783, 376 P.3d 307, rev.
denied, 360 Or. 568, 385 P.3d 81 (2016).
filed his federal Petition for Writ of Habeas Corpus on May