Judge Thomas Platt
Police found Phillips dead in his car, killed from multiple gunshot wounds. Detectives focused on Daniels as a suspect. Detectives attempting to detain Daniels for interrogation discovered a handgun in his possession. His palm print also matched that found on Phillips’ car. Bullets recovered from Phillips matched those from the recovered handgun. A state court’s jury found Daniels guilty of murder and criminal possession of a weapon. He was given consecutive sentence of 25 years to life on the murder charge and 15 years on the possession charge. District court denied Daniels 28 USC §2254 habeas relief. His claims of counsel’s ineffectiveness—and his claim that he was not permitted to cross-examine an unnamed witness prior to trial—were barred as not raised on appeal. Concluding that Daniels was convicted for two crimes—murder taking place on June 24, 2003, and criminal possession of a weapon occurring on July 28—district court determined that under White v. Keene and Seow v. Artuz, state court had discretion to sentence Daniels to consecutive sentences under New York Penal Law §70.25(2). Thus sentence was within state law and did not violate the Eighth Amendment’s protection from cruel and unusual punishments.
