United States District Court, D. South Carolina
Yesenia Cortez Ramirez, Petitioner, Pro Se.
Angela Rawski, Respondent, represented by Caroline M.
Scrantom, S.C. Attorney General's Office & Donald John
Zelenka, S.C. Attorney General's Office.
REPORT AND RECOMMENDATION
J. GOSSETT, Magistrate Judge.
Yesenia Cortez Ramirez, a self-represented state prisoner,
filed this petition for a writ of habeas corpus pursuant to
28 U.S.C. Â§ 2254. This matter comes before the court pursuant
to 28 U.S.C. Â§ 636(b) and Local Civil Rule 73.02(B)(2)
(D.S.C.) for a Report and Recommendation on the
respondent's motion for summary judgment. (ECF No. 10.)
Pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th
Cir. 1975), Ramirez was advised of the summary judgment and
dismissal procedures and the possible consequences if she
failed to respond adequately to the respondent's motion.
(ECF No. 11.) Having carefully considered the parties'
submissions and the record in this case, the court
concludes that the respondent's motion for summary
judgment should be granted and Ramirez's Petition denied.
was indicted in May 2010 in Spartanburg County for two counts
of accessory before the fact to murder, and one count of
accessory before the fact to first-degree burglary
(2010-GS-42-3161(A)(B)). (App. at 110-12; ECF No. 9-1 at
114-16.) Ramirez was represented by Doug Brannon, Esquire,
and Chris Kennedy, Esquire, and on September 16, 2011 pled
guilty as charged. (App. at 1-27, ECF No. 9-1 at 5-31.) The
circuit court sentenced Ramirez to fifteen years'
imprisonment for each count of accessory before the fact to
murder, and fifty years' imprisonment to accessory before
the fact to first-degree burglary, all sentences to be served
concurrently. (App. at 26, ECF No. 9-1 at 30.) Ramirez did
not file a direct appeal.
filed a pro se application for post-conviction
relief ("PCR") on February 3, 2012 in which she
raised the following claims, quoted verbatim:
(a) I was not present when these crimes were committed. I was
set-up. I was convicted because of guilt by association. I am
the only one that has been to trial
(b) Ineffective Counsel
(See Ramirez v. State of South Carolina, 2012-CP-42-675; App.
at 28-35, ECF No. 9-1 at 32-39.) Ramirez filed an amended PCR
application in which she alleged the following:
(a) entrapment defense Implicated by co-conspirators
(b) Nolle pross Transcitional Immunity
(c) subject, matter jurisdiction Defect And delayed Indiction
(App. at 36-42, ECF No. 9-1 at 40-42) (errors in original).
Additionally, Ramirez filed a motion to supplement her PCR
application based on after-discovered evidence in which she
alleged the following grounds, quoted verbatim:
Ground (1) Entrapment Defense
Ground (2) Nolle Pross
Ground (3) Subject-Matter Jririsdiction
Ground (4) Discovery Evidence (Meranda Rights
Ground (5) Involuntairy-Unlawful-Guilty Plea
Ground (6) Denied Rights to Appeal Guilty Plea
(App. at 43-48, ECF No. 9-1 at 47-52) (errors in original).
The State filed a return. (App. at 49-53, ECF No. 9-1 at
53-57.) On June 28, 2013, the PCR court held an evidentiary
hearing at which Ramirez appeared and testified and was
represented by Staci Rollins, Esquire. By order filed October
2, 2013, the PCR court denied and dismissed with ...