0:24-cv-04459•Roulo v. Schnell et al
Gesamter Gesetzestext
1 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA SEAN WILLIAM ROULO, Petitioner, v. PAUL SCHNELL, Commissioner, Minnesota Department of Corrections Respondent. Case No. 24-cv-4459 (ECT/JFD) REPORT AND RECOMMENDATION This matter is before the Court on Mr. Sean William Roulo’s Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. (Pet., Dkt. No. 1.) The case has been referred to the undersigned United States Magistrate Judge for a Report and Recommendation pursuant to 28 U.S.C. § 636 and District of Minnesota Local Rule 72.1. Mr. Roulo challenges his convictions for criminal sexual conduct. See id.; State v. Roulo, Case No. A21-1223, 2023 WL 126425, at *1 (Minn. Ct. App. Jan. 9, 2023), review denied (Minn. Apr. 26, 2023). Mr. Roulo asserts that his state criminal conviction violated protections afforded by the Fifth and Fourteenth Amendments of the U.S. Constitution. (Pet’r’s Mem. of Law in Supp. 3–11, 21, Dkt. No. 2.)1 The undersigned recommends that Mr. Roulo’s petition be denied because he has not exhausted available state remedies for the federal constitutional violations he now alleges. 1 The Court uses the page numbers assigned by the PACER system, which are on the top of each docket page. CASE 0:24-cv-04459-ECT-JFD Doc. 33 Filed 05/01/26 Page 1 of 10
2 BACKGROUND I. State Trial and Appellate Proceedings In July 2020, Mr. Roulo was charged in state court with two counts of first-degree criminal sexual conduct (“CSC”), one count of second-degree CSC, and one count of fourth-degree CSC, based on reports by two adult stepdaughters that he had sexually abused them when they were minors. Roulo, 2023 WL 126425, at *1. The State alleged in the first count of first-degree CSC that Mr. Roulo engaged in sexual penetration of Victim 1, S.H., between May 2006 and May 2008, when she was between 10 and 12 years of age, in violation of Minn. Stat. § 609.342, subd. 1(g). Id. In the second count, also of first-degree CSC, the State alleged that Mr. Roulo engaged in multiple acts of sexual penetration of S.H. between May 2006 and May 2011, when she was between 10 and 15 years of age, in violation of Minn. Stat. § 609.342, subd. 1(h)(iii). Id. The charge of second-degree CSC was based on allegations that Mr. Roulo engaged in multiple acts of sexual contact with Victim 2, B.H., between May 2001 and May 2015, when she was between 2 and 15 years of age, in violation of Minn. Stat. § 609.343, subd. 1(h)(iii). Id. The charge of fourth-degree CSC was based on allegations that Mr. Roulo engaged in multiple acts of sexual contact with B.H. between May 2015 and May 2017, when she was between 15 and 17 years of age, in violation of Minn. Stat. § 609.345, subd. 1(g)(iii) (2004). Id. Before Mr. Roulo's initial appearance, the prosecution amended the complaint, changing the date range for count three to start in May 2007 rather than May 2001. Id. CASE 0:24-cv-04459-ECT-JFD Doc. 33 Filed 05/01/26 Page 2 of 10
3 At the beginning of Mr. Roulo’s trial in April 2021, the prosecution moved to amend the complaint a second time, “changing the date ranges for counts [two] and [three] and by alleging second-degree [CSC], instead of fourth-degree [CSC], in count [four].” Id. After granting the motion concerning counts two and three, the trial court denied the motion as it related to count four, finding “that the second-degree charge would [be meaningfully different in character] than the fourth-degree charge.” Id. The prosecution decided to “withdraw the amendment with respect to count [three] and to dismiss count [four].” Id. S.H.’s trial testimony supported the allegation that Mr. Roulo engaged in sexual contact with her but did not support the allegation that Mr. Roulo had sexually penetrated her. See id. at *2. As a result, the prosecution again moved to amend the complaint, alleging “second-degree [CSC], not first-degree [CSC], in counts [one] and [two], on the ground that such an amendment would conform to S.H.’s testimony.” Id. The prosecution also moved to amend the complaint to “allege two counts, instead of one count, of second- degree [CSC] with respect to B.H.” Id. Mr. Roulo opposed the motion on the ground that amendment would require a change of plans for examining the remaining witnesses and making closing argument. Id. Over Mr. Roulo’s objection, the court granted the prosecution’s motion to amend the complaint. Id. A jury found Mr. Roulo guilty on the first three counts of the amended complaint and not guilty of the charge in count four. Id. Mr. Roulo appealed his convictions to the Minnesota Court of Appeals. (Statement of Appellant’s Case at 8, Dkt. No. 12-2.) In February 2022, Mr. Roulo’s attorney filed a brief on his behalf. (Id.) After his attorney filed that brief, Mr. Roulo attempted to file a supplemental pro se brief. Mr. Roulo took extensive time to complete his arguments, filing CASE 0:24-cv-04459-ECT-JFD Doc. 33 Filed 05/01/26 Page 3 of 10
4 five motions for extension of time, the first four of which were granted. See Roulo, 2023 WL 126425 at *2. After the denial of the fifth motion, the Court of Appeals ordered that no additional briefing would be considered and the issues on appeal would be those presented by Mr. Roulo’s attorney. Id. While Mr. Roulo did eventually file a partial pro se reply brief with the Court of Appeals, (see Dkt. No. 12-20), that court did not consider it because the brief was not timely before it. Roulo, 2023 WL 126425 at *2. The Minnesota Court of Appeals affirmed the trial court’s decision, concluding that “the district court did not err by granting the state's motion to amend the complaint during trial … [and] that the district court did not err by imposing two sentences on two counts of criminal sexual conduct involving the same victim.” Id. at *1. Mr. Roulo also sought review from the Minnesota Supreme Court and the United States Supreme Court. (Appellant's Suppl. Pet. for Further Review 1, Dkt. No. 12-33; Notice Accepting Pet. for Writ of Cert. 1, Dkt. No 12-39.) Both declined review. (Order Denying Pet. for Further Review 1, Dkt. No 12-37; Notice Denying Pet. for Writ of Cert. 1, Dkt. No. 12-40.) Mr. Roulo now seeks habeas corpus relief on the grounds that the trial court’s decision to grant the prosecution’s motion to amend the complaint for a third time violated his rights under the Fifth and Fourteenth Amendments of the United States Constitution. (Pet. 6, 11, 17, Dkt. No. 1.) II. Mr. Roulo’s Federal Habeas Petition After being denied the relief he sought on appeal from both the Minnesota Supreme Court and the United States Supreme Court, Mr. Roulo filed this petition for habeas corpus, listing eight grounds for relief. (See Pet., Dkt. No. 1.) Concurrent with his original petition, CASE 0:24-cv-04459-ECT-JFD Doc. 33 Filed 05/01/26 Page 4 of 10
5 Mr. Roulo asked that his petition be held in abeyance, to “allow[] him time to fully plead all constitutional issues and exhaust unexhausted claims in state habeas corpus proceedings.” (Mot. to Hold Pet. in Abeyance 1, Dkt. No. 3.)2 This Court denied Mr. Roulo’s motion to hold his petition in abeyance and left Mr. Roulo with the choice of dismissing his mixed habeas petition voluntarily or, alternatively, voluntarily dismissing those claims that Mr. Roulo had not fairly presented to the Minnesota state appellate courts and proceeding only with those claims that he did fairly present. (Mar. 27, 2025 Order 4, Dkt. No. 16.) Mr. Roulo elected to proceed only with those claims that were fairly presented to the state courts. (Letter to Magistrate Judge 2-3, Dkt. No 24.) In making that decision, Mr. Roulo voluntarily dismissed Grounds 3, 5, 6, 7, and 8. (Id. at ¶5). Accordingly, the Court limits its analysis here to Grounds 1, 2, and 4, which are: • Ground 1: “The trial court's mid-trial action effecting the dismissal of first-degree charges in counts I & II of the Second Amended Complaint in effect when jeopardy attached at trial constituted an acquittal on the merits under the U.S. Supreme Court's rulings in the Martin Linen [sic] case and numerous other Supreme Court cases affirming the scope and protections guaranteed in the 5th Amendment Double Jeopardy Clause.” (Pet. 6, Dkt. No. 1.) 2 This motion was likely precipitated by the fact that Mr. Roulo “waited until the last possible day to file his federal habeas petition.” (March 27, 2025 Order 4, Dkt. No. 16.) The Court denied the motion because “Mr. Roulo ha[d] already had an unusually long time in which to formulate ideas as to how to attack his conviction on postconviction review. … And after all this time, Mr. Roulo still ha[d] not filed a petition for postconviction relief in the state courts.” (Id.) CASE 0:24-cv-04459-ECT-JFD Doc. 33 Filed 05/01/26 Page 5 of 10
6 • Ground 2: “Petitioner's conviction on Count III of the Third Amended Complaint was secured by the State of Minnesota in violation of Petitioner's 14th Amendment right to procedural due process.” (Id. at 11.) • Ground 4: “Petitioner's conviction on Count I & II of the Third Amended Complaint was Secured by the State of Minnesota in violation of Petitioner's 14th Amendment right to procedural due process.” (Id. at 17.) Although Mr. Roulo now frames these grounds in terms of the United States constitution, this Court cannot address them because Mr. Roulo based his state appeals on these claims on alleged violations of Minnesota state law, without invoking federal law. . See Estelle v. McGuire, 502 U.S. 62, 68 (1991) (holding that a federal court is limited to deciding whether a conviction violated the Constitution, laws, or treaties of the United States). Though he raised these challenges in his state appeals, making them appear to have been exhausted at the state level, review of the record shows that they, like the grounds already dismissed by Mr. Roulo, have not been fairly presented to the state courts for determination on issues of federal law. III. Legal Standards The governing standard for federal courts’ review of state convictions allows for habeas relief only when and if the reviewing court determines that the state court’s decision was either “contrary to” or an “unreasonable application” of law “clearly established” in U.S. Supreme Court precedent. 28 U.S.C. § 2254(d)(1). Before the Court can establish whether the state court decision violates U.S. Supreme Court precedent, however, the issue must have been “fairly presented” to the state courts. Picard v. Conner, 404 U.S. 270, 275 CASE 0:24-cv-04459-ECT-JFD Doc. 33 Filed 05/01/26 Page 6 of 10
7 (1971). The fair presentation requirement only allows a federal court to review a state conviction where a petitioner raises “the same legal theories and factual bases to the state courts.” Pollard v. Armontrout, 16 F.3d 295, 297 (8 th Cir. 1994). A petitioner must, in his appeal within the state judiciary, make an “explicit citation to the [United States] Constitution or to a federal [Supreme Court] case.” McDougald v. Lockhart, 942 F.2d 508, 510 (8th Cir. 1991). In Picard, the Supreme Court explained that the exhaustion doctrine aims to prevent conflict between state and federal courts. Picard v. Connor, 404 U.S. 270, 275 (1971). There, the Court noted: “it is not sufficient merely that the federal habeas applicant has been through the state courts. The [exhaustion doctrine] would serve no purpose if it could be satisfied by raising one claim in the state courts and another in the federal courts.” Id. at 275–76. The Supreme Court thus concluded that state courts must first have the “opportunity to hear the claim sought to be vindicated in a federal habeas proceeding.” Id. A federal habeas petition is not a vehicle to raise new arguments that a petitioner did not present to state courts. Picard, 404 U.S. 270, 276–77. IV. Discussion Mr. Roulo’s petition for habeas relief rests on claims that have not been exhausted in Minnesota state courts, and thus, this Court is unable to consider Mr. Roulo’s petition. “An application for … habeas corpus … shall not be granted unless … the applicant has exhausted the remedies available in the courts of the State.” 28 U.S.C. § 2254(b)(1)(A). To exhaust remedies available in state courts, an applicant must fairly present federal claims to those courts. Abdullah v. Groose, 75 F.3d 408, 411 (8th Cir. 1996). CASE 0:24-cv-04459-ECT-JFD Doc. 33 Filed 05/01/26 Page 7 of 10
8 Here, the Minnesota Court of Appeals found that Mr. Roulo’s appeal properly raised two issues. Roulo, 2023 WL 126425, at *2. First, Mr. Roulo fairly presented the argument that the Minnesota Rules of Criminal Procedure prevented the state from amending the complaint mid-trial. Id; see also Minn. R. Crim. P. 17.05. Second, Mr. Roulo fairly presented argument that the trial court erred by imposing two sentences, which Mr. Roulo alleged arose from the same behavioral conduct in violation of Minn. Stat. § 609.035, subd. 1 (2004). Roulo, 2023 WL 126425, at *4. Mr. Roulo contends that these two issues, properly raised with the Minnesota Court of Appeals, share an underlying factual basis with the arguments Mr. Roulo now raises that the trial proceedings violated the Fifth and Fourteenth Amendments of the U.S. Constitution, an issue argues he properly raised to both the Minnesota Court of Appeals and Minnesota Supreme Court. (Pet’r’s Mem. of Law in Supp. 3–11, 21, Dkt. No. 2.) Neither Mr. Roulo’s February 2022 brief in support of his appeal nor the Court of Appeals decision refers to federal law or the United States Constitution. See Appellant’s Br., Dkt. No. 12-2; Roulo, 2023 WL 126425. Mr. Roulo’s attorney did cite one Minnesota case, State v. Gisege, 561 N.W.2d 152 (Minn. 1997), which references a United States Supreme Court case for the general principle that “a defendant cannot be held to answer a charge not contained in the indictment brought against him.” (See Appellant’s Br. 17, Dkt. No. 12-2 (citing Gisege, 561 N.W.2d 156 (Minn. 1997) (quoting Schmuck v. United States, 489 U.S. 705, 717 (1989))).) This, however, is not enough to conclude that Mr. Roulo raised the federal constitutional issues in this case to the state appellate court. His citation to Gisege is merely a citation to a state case discussing state criminal procedural law, which CASE 0:24-cv-04459-ECT-JFD Doc. 33 Filed 05/01/26 Page 8 of 10
9 uses a Supreme Court decision as additional support for a general proposition of “an ancient doctrine of both the common law and of our Constitution” without a mention of a specific provision of the federal constitution. Id. The only legal issues raised in this petition which were also before the Minnesota Court of Appeals are issues of state procedural law, not federal law. While Mr. Roulo did challenge the outcomes of those legal determinations in state court, he did not frame those challenges in terms of federal law, so to the extent those challenges were “exhausted” (in the colloquial sense) they were exhausted on questions of state law, which federal courts cannot address. They were not exhausted as that term is defined in federal habeas law. Accordingly, the Court concludes that Mr. Roulo did not exhaust his state court remedies for the federal constitutional violations he alleges, requiring denial of his petition. RECOMMENDATION Accordingly, based on the foregoing and all of the files, records, and proceedings herein, IT IS HEREBY RECOMMENDED THAT: 1. Mr. Sean Roulo’s Petition (Dkt. No. 1) be DENIED; and 2. This matter be DISMISSED. Date: May 1, 2026 s/ John F. Docherty JOHN F. DOCHERTY United States Magistrate Judge NOTICE Filing Objections: This Report and Recommendation is not an order or judgment of the District Court and is therefore not appealable directly to the Eighth Circuit Court of Appeals. CASE 0:24-cv-04459-ECT-JFD Doc. 33 Filed 05/01/26 Page 9 of 10
10 Under Local Rule 72.2(b)(1), “a party may file and serve specific written objections to a magistrate judge’s proposed finding and recommendations within 14 days after being served a copy” of the Report and Recommendation. A party may respond to those objections within 14 days after being served a copy of the objections. See Local Rule 72.2(b)(2). All objections and responses must comply with the word or line limits set forth in Local Rule 72.2(c). CASE 0:24-cv-04459-ECT-JFD Doc. 33 Filed 05/01/26 Page 10 of 10
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