Summary
stating that "[p]ointing a gun at a person and then firing is sufficient to establish intent to inflict great bodily harm"
Summary of this case from Edwards v. HolbrookOpinion
No. 13-cv-00085-JPH
10-24-2013
DANIEL HUWE, Petitioner, v. JEFFREY A. UTTECHT, Respondent.
ORDER ADOPTING REPORT AND
RECOMMENDATION
BEFORE THE COURT is the Magistrate Judge's Report and Recommendation entered August 14, 2013, ECF No. 13, recommending Petitioner's petition for Writ of Habeas Corpus, ECF No. 4, be denied. Petitioner filed an objection and asked the court to issue a certificate of appealability in the event the court adopts the Magistrate Judge's recommendation. ECF No. 20 at page 6, n. 2.
Petitioner's objection restates many of the same arguments addressed by the Magistrate Judge's report. Petitioner alleges the issues he raises were "either decided contrary to or unreasonably under U.S. Supreme Court precedent as cited in Petitioner's Memorandum of Law." ECF No. 20 at page 4.
Huwe again alleges insufficiency of the evidence because there was "no evidence of an intent to kill or assault." Petitioner's Memorandum at 2 (a), ECF No. 20. The evidence shows Huwe shot one woman twice and another once. Proof a defendant fired a weapon at a victim, is, of course, sufficient to justify a finding of intent to kill. State v. Hoffman, 116 Wn. 2d 51, 84-85 (1991). The requisite intent for the assault charge required the jury to find defendant "with the intent to inflict great bodily harm" assaults another with a firearm. RCW 9A.36.011(1)(a). The evidence was clearly sufficient to support the jury's verdict.
Petitioner again asserts prosecutorial misconduct; vicinage; juror bias and violation of the presumption of innocence; ineffective assistance of counsel and judicial bias. Petitioner's Memorandum at 2(b); 3(c); 4(d); 5(e); 6(f), ECF No. 20.
The magistrate judge found Huwe failed to show the state court's determinations were contrary to or involved an unreasonable application of clearly established Supreme Court precedent.
Having reviewed the Report and Recommendation, the Court adopts the Magistrate Judge's recommendation. Accordingly, IT IS HEREBY ORDERED:
1. The Report and Recommendation, ECF No. 13 is ADOPTED in its entirety.
2. The Petition for Writ of Habeas Corpus, ECF No. 4, is DENIED.
3. The request for a Certificate of Appealability is denied as an appeal would not be taken in good faith.
IT IS SO ORDERED. The District Court Clerk is directed to enter this Order and forward uncertified copies to the parties and Magistrate Judge Hutton.
_________________
ROSANNA MALOUF PETERSON
Chief United States District Court Judge