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Mingo v. Raemisch

United States District Court, D. Colorado

April 6, 2015

BRUCE MINGO, Applicant,
v.
RICK RAEMISCH, Executive Director, Colorado Department of Corrections, and JOHN SUTHERS, The Attorney General of the State of Colorado, Respondents.

ORDER FOR ANSWER AND STATE COURT RECORD

R. BROOKE JACKSON, District Judge.

I. Background

Applicant is in the custody of the Colorado Department of Corrections and currently is incarcerated at the Arkansas Valley Correctional Facility in Ordway, Colorado. Applicant, acting pro se, has filed an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254, ECF No.1, challenging the conviction and sentence in State of Colorado Criminal Case No. 98CR2673. In an order entered on December 4, 2014, Magistrate Judge Gordon P. Gallagher directed Respondents to file a Pre-Answer Response limited to addressing the affirmative defenses of timeliness under 28 U.S.C. § 2244(d) and exhaustion of state court remedies under 28 U.S.C. § 2254(b)(1)(A) if Respondents intend to raise either or both of those affirmative defenses in this action.

Respondents filed their Pre-Answer Response, ECF No. 10, on January 21, 2015.

Applicant did not reply within the time allowed.

Applicant raises four claims in the Application. The claims are as follows:

(1) Trial counsel violated Applicant's right to effective assistance of counsel by:
(i) conceding prosecution's theory of guilt in opening and closing statements;
(ii) Eliciting incorrect forensic evidence falsely inculpating Applicant;
(iii) Not offering a coherent defense theory;
(iv) Failing to present expert testimony regarding who attacked the victim;
(v) Failing to investigate and present testimony from codefendants that Applicant did not participate in beating victim;
(vi) Failing to object and not waive Applicant's right to confront codefendant on his lighter ...

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