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Redwing v. Oregon State Prison

United States District Court, D. Oregon

December 21, 2018

RODNEY JAMES REDWING, Petitioner,
v.
OREGON STATE PRISON, Respondent.

          Thomas J. Hester Assistant Federal Public Defender, Attorney for Petitioner.

          Ellen F. Rosenblum, Attorney General Samuel A. Kubernick, Assistant Attorney General Department of Justice, Attorneys for Respondent.

          OPINION AND ORDER

          Marco A. Hernandez United States District Judge.

         Petitioner 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.

         BACKGROUND

         On 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.[1] Colvin tried to get away to escape upstairs and put more clothes on, but Petitioner repeatedly knocked her down. Id. at 139.

         Petitioner 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.

         Petitioner 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.

         At some 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.

         After 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.

         The 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.

         Petitioner 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.[2] State v. Redwing, 222 Or.App. 200, 192 P.3d 856 (2009). Petitioner did not seek further review by the Oregon Supreme Court.

         Petitioner 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).

         Petitioner filed his federal Petition for Writ of Habeas Corpus on May 22, ...


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