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Ramirez v. Rawski

United States District Court, D. South Carolina

July 20, 2016

Yesenia Cortez Ramirez, Petitioner,
v.
Warden Angela Rawski, Respondent.

          Yesenia Cortez Ramirez, Petitioner, Pro Se.

          Warden 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

          PAIGE J. GOSSETT, Magistrate Judge.

         Petitioner Yesenia Cortez Ramirez, a self-represented state prisoner, filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter comes before the court pursuant to 28 U.S.C. § 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[1] 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.

         BACKGROUND

         Ramirez 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.

         Ramirez 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 ...


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