United States District Court, D. Nevada
MIRANDA M. DU UNITED STATES DISTRICT JUDGE.
pro se habeas matter under 28 U.S.C. Â§ 2254 is before the
Court on Respondents' motion to dismiss certain grounds
in Petitioner William Workman's (âPetitionerâ or
âWorkmanâ) amended petition (ECF Nos. 13, 18). Workman did
not file an opposition or respond to the motion in any way.
As discussed below, the motion is granted in part and denied
PROCEDURAL HISTORY AND BACKGROUND
January 4, 2010, a jury convicted Workman of burglary (Exh.
The state district court adjudicated him a habitual criminal
and sentenced him to life with the possibility of parole
after 10 years. (Exh. 26.) Judgment of conviction was entered
on March 25, 2010. (Exh. 29.)
Nevada Supreme Court affirmed Workman's conviction on
February 9, 2011, and remittitur issued on March 11, 2011.
(Exhs. 48, 50.)
February 23, 2017, the Nevada Court of Appeals affirmed the
denial of Workman's state postconviction petition. (Exh.
143.) Remittitur issued on March 21, 2017. (Exhs. 143, 148.)
about August 22, 2017, Workman dispatched his federal habeas
petition for filing (ECF No. 13). He asserted claims of
ineffective assistance of counsel as follows:
Ground 1(a): counsel failed to conduct pretrial
Ground 1(b): counsel failed to call certain witnesses in
support of Workman's defense;
Ground 1(c): counsel failed to present evidence that Workman
required shelter as a result of his illness (ECF No. 13 at
leave of the Court, Workman filed supplemental claims on July
24, 2018. Thus, the operative petition is an amended petition
comprised of the original petition (hereafter referred to as
grounds 1(a)-(c) in ECF No. 13) and the supplemental claims
(hereafter referred to as grounds 2-4 in ECF No. 18). The
supplemental claims are:
Ground 2: counsel was ineffective for failing to object when
a potential juror stated, “He must have done something
wrong to be sitting in that chair;”
Ground 3: The state engaged in prosecutorial misconduct when
the prosecutor said that Workman had been previously
convicted of felony failure to register, in ...