Jeremy McMillion v. Kenneth Nelson

Summary

The United States District Court for the Eastern District of Tennessee considers Jeremy McMillion’s pro se petition for habeas corpus relief under 28 U.S.C. § 2254 challenging his Tennessee first-degree murder conviction. The court concludes that McMillion is not entitled to relief on his due process, prosecutorial misconduct, ineffective assistance, or conflict-of-interest claims, and denies the petition without an evidentiary hearing. The action is dismissed, and the court directs the Clerk to substitute Kenneth Nelson as the proper respondent.

Holdings

1. Claims raised for the first time in McMillion's reply were untimely under AEDPA's one-year statute of limitations, and claims or theories not presented to the Tennessee Court of Criminal Appeals were procedurally defaulted.
2. McMillion was not entitled to habeas relief on his cumulative-error due-process claim because the claim was not cognizable as presented, was procedurally defaulted, and would fail on the merits even if construed as the claim decided by the Tennessee Court of Criminal Appeals.
3. The prosecutorial-misconduct claim was procedurally defaulted because the Tennessee Court of Criminal Appeals rejected it under Tennessee's waiver rule, an adequate and independent state ground.
4. McMillion was not entitled to habeas relief on his exhausted ineffective-assistance claims concerning Corey Haden, evidence from Greg Guillory's residence, or the prosecution's allegedly inflammatory statements.
5. McMillion's freestanding conflict-of-interest claim was procedurally defaulted and, alternatively, failed on the merits because he did not show an actual conflict adversely affecting counsel's performance or establish deficient performance and prejudice under Strickland.

Questions Presented

1. Whether McMillion was entitled to federal habeas relief based on alleged cumulative trial errors and denial of a fair and impartial trial.
2. Whether alleged prosecutorial remarks referring to violence, gangs, or the neighborhood were reviewable despite the Tennessee courts' finding that the claim was waived.
3. Whether trial counsel was ineffective regarding the presentation and cross-examination of Corey Haden, evidence recovered from Greg Guillory's residence, and the prosecution's allegedly inflammatory statements.
4. Whether trial counsel's prior representation of the victim's son created a conflict of interest warranting habeas relief.
5. Whether claims and theories first raised in McMillion's reply were untimely and procedurally defaulted.
6. Whether a certificate of appealability should issue.

Disposition

dismissed