The opinion of the court was delivered by: Robert C. Mitchell, United States Magistrate Judge
Report and Recommendation
It is respectfully recommended that the petition of James Naughton for a writ of habeas corpus be dismissed and because reasonable jurists could not conclude that a basis for appeal exists, that a certificate of appealability be denied.
James Naughton, an inmate at the State Correctional Institution at Graterford has presented a petition for a writ of habeas corpus.*fn1 Naughton is presently serving a five to ten year sentence imposed following his plea of guilty to charges of involuntary deviate sexual intercourse, statutory sexual assault, aggravated indecent assault, sexual offenses involving a minor and corruption of minors at No. 7535 of 2007 in the Court of Common Pleas of Allegheny County, Pennsylvania. This sentence was imposed on April 4, 2008.*fn2
Although the petitioner states in paragraph 8 of the petition that he filed an appeal, in reality he failed to do so, but on September 11, 2008, he filed a post-conviction petition.*fn3 That petition was withdrawn on June 29, 2009.*fn4 A notice of appeal was also filed in the Court of Common Pleas on June 23, 2009.*fn5
The petitioner now comes before this Court seeking to challenge his conviction on the grounds that his plea was not knowingly and intelligently entered due to his marijuana intoxication and lack of sleep when he entered the plea.
It is provided in 28 U.S.C. §2254(b) that:
An application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that the applicant has exhausted the remedies available in the courts of the State, or that there is either an absence of available State corrective process or the existence of circumstances rendering such process ineffective to protect the rights of the prisoner.
This statute represents a codification of the well-established concept which requires that before a federal court will review any allegations raised by a state prisoner, those allegations must first be presented to that state's highest court for consideration. Preiser v. Rodriguez, 411 U.S. 475 (1973); Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484 (1973); Doctor v. Walters, 96 F.3d 675 (3d Cir. 1996).
It is only when a petitioner has demonstrated that the available corrective process would be ineffective or futile that the exhaustion requirement will not be imposed. Preiser v. Rodriguez, supra.; Walker v. Vaughn, 53 F.3d 609 (3d Cir. 1995).
If it appears that there are available state court remedies, the court must determine whether a procedural default has occurred. If a procedural default has occurred, the court must determine whether cause or prejudice exists for the default, or whether a fundamental miscarriage of justice would result from a failure to consider the claims. Carter v. Vaughn, 62 F.3d 591 (3d Cir. 1995).
In construing § 2254(d)(1), the Court in Williams v. Taylor, 529 U.S. 362, 412-413 (2000) stated:
Under § 2254(d)(1), the writ may issue only if one of the following two conditions is satisfied - the state-court adjudication resulted in a decision that (1) "was contrary to ... clearly established Federal law, as determined by the Supreme Court of the United States," or (2) "involved an unreasonable application of ... clearly established Federal law, as determined by the Supreme Court of the United States." Under the "contrary to" clause, a federal habeas court may grant the writ if the state court arrives at a conclusion opposite to that reached by this Court on a question of law or if the state court decides a case differently than this Court has on a set of materially indistinguishable facts. Under the "unreasonable application" clause, a federal habeas ...