Robert Towle v. Warden, New Hampshire State Prison

Summary

The United States District Court for the District of New Hampshire recommends denying Robert Towle’s motions to amend his 28 U.S.C. § 2254 habeas petition to add claims concerning an alleged sexually violent predator designation. The recommendation concludes that Towle was not in custody pursuant to an SVP judgment, that related claims concerning sentence execution or confinement conditions could instead potentially arise under 28 U.S.C. § 2241 or 42 U.S.C. § 1983, and that New Hampshire constitutional claims are not cognizable in federal habeas review. The recommendation is without prejudice to future claims if Towle is later designated and civilly committed as an SVP.

Holdings

1. The proposed SVP claims could not be added to the § 2254 petition because Towle was incarcerated pursuant to his criminal judgment, not pursuant to a state-court judgment adjudicating him to be a sexually violent predator.
2. Claims challenging the manner in which the DOC executes a sentence or the conditions of confinement may be actionable under 28 U.S.C. § 2241 or 42 U.S.C. § 1983, but they could not be added to this § 2254 case.
3. The proposed state constitutional claims could not be added to the federal habeas petition because federal habeas relief does not lie for errors of state law.

Questions Presented

1. Whether Towle could amend his pending § 2254 petition to challenge an alleged SVP designation when he was not in custody pursuant to an SVP judgment or designation.
2. Whether claims challenging the manner of execution or conditions of Towle's confinement could be added to a § 2254 petition challenging the validity of his criminal conviction and sentence.
3. Whether claims arising under the New Hampshire Constitution could support federal habeas relief.

Disposition

other