United States District Court, D. Delaware
Cameron A. Davis. Pro se Petitioner.
V. Sullivan, Deputy Attorney General of the Delaware
Department of Justice, Wilmington, Delaware. Attorney for
ANDREWS, UNITED STATES DISTRICT JUDGE.
pending before the Court is Petitioner Cameron A. Davis'
Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C.
§ 2254 ("Petition"). (D.I. 1) The State filed
an Answer in opposition. (D.I. 7) For the reasons discussed,
the Court will dismiss the Petition.
In July 2010, a series of three armed robberies took place in
the Bear, Delaware area. The police identified Robert
Williams of 709 Sandburg Place as a person of interest. At
approximately midnight on July 23, 2010, police arrived at
709 Sandburg Place, secured the apartment, and did not permit
anyone, including [Petitioner], to leave or enter the
residence until a warrant was obtained. Police obtained a
warrant the next day and executed it at approximately 11:05
a.m. [Petitioner] was then transported to police headquarters
and interviewed from approximately 3:00 p.m. until 5:00 p.m.
[Petitioner] ultimately admitted to participating in the
three robberies. The videotape of [Petitioner's]
confession was shown to the jury at trial.
[Petitioner] later testified that he confessed to
participation in the three robberies because he wanted the
questioning to cease. He testified, "I felt as though,
once again, it would have went on forever. The questioning
would have never stopped until he would have got what he
Davis v. State, 38 A.3d 278, 279 (Del. 2012).
was indicted on five counts of first degree robbery, second
degree assault, three counts of second degree conspiracy, six
counts of possession of a firearm during the commission of a
felony ("PFDCF"), and three counts of possession of
a firearm by a person prohibited ("PFBPP"). (D.I 7
at 3; D.I. 9-17 at 11-21) A Delaware Superior Court jury
found him guilty of three counts of first degree robbery,
three counts of PFDCF, three counts of PFBPP, and two counts
of second degree conspiracy. The Superior Court granted
Petitioner's motion for judgment of acquittal for one
count of first degree robbery and one count of PFDCF. The
Superior Court sentenced Petitioner to a total of thirty-four
years of incarceration at Level V, suspended after eighteen
years of minimum mandatory time for decreasing levels of
supervision. Petitioner appealed, and the Delaware Supreme
Court affirmed his convictions and sentence. See Davis, 38
A.3d at 281.
2012, Petitioner filed apro se motion for post
conviction relief pursuant to Delaware Superior Court
Criminal Rule 61 ("Rule 61 motion"). (D.I. 9-18 at
Entry No. 61) The Superior Court appointed counsel to
represent Petitioner, and counsel filed an amended Rule 61
motion. After conducting an evidentiary hearing and
permitting counsel to provide further evidence, the Superior
Court issued a letter order denying the Rule 61 motion.
See State v. Davis, 2015 WL 3539794, at *1 (Del.
Super. Ct. May 18, 2015). The Delaware Supreme Court affirmed
that judgment. See Davis v. State, 127 A.3d 1171
(Table), 2015 WL 6954840, at *1 (Del. Nov. 9, 2015).
EXHAUSTION AND PROCEDURAL DEFAULT
exceptional circumstances, a federal court cannot grant
habeas relief unless the petitioner has exhausted all means
of available relief under state law. See 28 U.S.C.
§ 2254(b); O'Sullivan v. Boerckel, 526 U.S.
838, 842-44 (1999); Picard v. Connor, 404 U.S. 270,
275 (1971). The AEDPA states, in pertinent part:
An application for a writ of habeas corpus on behalf of a
person in custody pursuant to the judgment of a State court
shall not be ...