United States District Court, D. Arizona
REPORT AND RECOMMENDATION
Honorable D. Thomas Ferraro, United States Magistrate Judge
Sandoval (“Petitioner”), presently incarcerated
at the Arizona State Prison Complex-Perryville in Goodyear,
Arizona, filed a pro se Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2254 (“Petition”).
(Doc. 1.) Before this Court are the Petition,
Respondent's Limited Answer, and Petitioner's Reply
to the Limited Answer. (Doc. 1, 11, 12.) This matter was
referred to Magistrate Judge Ferraro for Report and
Recommendation. (Doc. 13.) As more fully set forth below, the
Magistrate Judge recommends that the
District Court, after its independent review of the record,
dismiss the Petition.
was indicted for first-degree murder and conspiracy to commit
first-degree murder in the Arizona Superior Court, Mohave
County on September 19, 2013. (Doc. 11-1 at 4-5.) Petitioner,
with the advice of her counsel, pled guilty to the reduced
charge of second-degree murder on March 28, 2014. (Doc. 1 at
1-2; Doc. 11-1 at 7-10.) The factual basis for
Petitioner's guilty plea was recorded at the change of
plea hearing as follows:
THE COURT: Counsel, keeping in mind that I know absolutely
nothing about this case, what would be the factual basis for
the defendant's plea?
MS. MCCOY: Your honor, this is a case where, in the summer of
2011, an individual stole methamphetamine from Nora Sandoval,
and word on the street following that theft was that Ray
Sanchez had done that, or had helped in some way, and that
Nora Sandoval wanted him found.
And several individuals reported to the police that they had
spoken with Ray, and he appeared concerned that Nora Sandoval
was looking for him. They spoke with the person who in fact
stole the methamphetamine, who laughed and said Ray Sanchez
had nothing to do with it, but he knew that that was the
rumor. And that was essentially what was going on in the
summer of 2011.
On August 20th, 2011, Ray Sanchez was telling
friends that Nora was trying to find him, that he was scared;
and at 3:00 p.m. on that particular date, Nora Sandoval
purchased shower curtains and various cleaning supplies at, I
believe it was a Family Dollar in Bullhead City. And then her
cousin, who was with her, was dropped off at home and
didn't see Nora again for a while. Chase Salveson, during
that time period and that afternoon, said that he was going
to take care of something for Nora; and at 4:00 p.m., Ray was
dropped off by his taxi at Chase Salveson's home, and
Chase kicked out all of his roommates and had the house to
himself with Ray at that point. The next morning, the
roommates were home and said that the home smelled of beach
and other chemicals.
The defendant - the victim was found wrapped in the shower
curtains that Nora had purchased the hour prior to the victim
going to Chase Salveson's home. Chase Salveson's DNA
was found in the duct tape holding the victim together, and
the victim had been stabbed dozens of times, murdered and
wrapped in those particular shower curtains, and the
apartment had been cleaned.
THE COURT: Based on the record, the court finds the defendant
has knowingly, intelligently and voluntarily pled guilty to
second degree murder, a class 1 felony as charged within
count 1. The court finds that there is a factual basis for
(Doc. 111-1 at 26-28.) On April 25, 2014, Petitioner was
sentenced to twenty-two years imprisonment for second degree
murder. Id. at 107, 111.
first Notice of Post-Conviction Relief (“PCR”)
was filed on May 7, 2014. Id. at 118-20. PCR counsel
was appointed to represent Petitioner on May 15, 2014.
Id. at 123. Petitioner's court appointed PCR
counsel filed a Notice of Finding No Colorable Claim for
Post-Conviction Relief and Motion to Withdraw as Counsel on
October 17, 2014. Id. at 125-26. On October 27, 2014
the trial court entered an order giving Petitioner until
December 8, 2014 to file a pro se PCR petition. Id.
at 128. Petitioner filed a timely pro se PCR petition on
November 20, 2014. Id. at 130-34. Petitioner raised
one ground for relief:
My attorney had told me if I signed he would do my Rule 32
for me but instead he sent me the papers [sic] said
I had to do myself. I felt he lied to me. I also said I had
new evidence could he look at it. He didn't bother. Too
busy trying to get me to sign.
Id. at 131. Petitioner's PCR petition was denied
on December 4, 2014. Id. at 136-37. Petitioner did
not seek review of the trial court's denial of her first
PCR petition in the Arizona Court of Appeals or the Arizona
Supreme Court. (Doc. 1 at 5.)
filed a second pro se PCR petition on March 20, 2015. (Doc
11-1 at 139-142.) On April 6, 2015, Petitioner was appointed
counsel for this second PCR petition. Id. at 145-46.
On May 12, 2016, Petitioner's attorney filed a
Supplemental Petition for Post-Conviction Relief. (Doc. 11-2
second PCR petition sought relief on three grounds.
Petitioner claimed the prosecution withheld material
disclosure regarding DNA evidence and that she would not have
pled guilty had she known that DNA evidence only directly
linked her co-defendant to the murder. Id. at 2.
Petitioner claimed that her co-defendant later when to trial
and was found not guilty on the murder charge and, thus, the
outcome would have been different had she gone to trial.
Petitioner also claimed that her trial counsel was
ineffective “for improperly advising [her] that DNA
evidence existed that linked her to the ...