3:22-cv-30153•Valle v. Kelly
Texte intégral
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Ramon Valle,
United States District Court
District of Massachusetts
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Petitioner,
v.
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Civil Action No.
22-30153-NMG
Sheila Kelly,
Respondent.
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MEMORANDUM & ORDER
GORTON, J.
This case arises from a petition of Ramon Valle ( " Valle " or
" petitioner " ) for a writ of habeas corpus pursuant to 28 U. S . C .
§2254 . After consideration of his petition , Magistrate Judge
Katherine A. Robertson filed a Report and Recommendation (" R&R " )
in response to which petitioner filed objections . Having
carefully reviewed the R&R and the objections thereto , and with
further consideration of the alleged prosecutorial misconduc t ,
the Court will accept and adopt the R&R .
I. Background
The underlying fac ts of this case are described in detail
in the order of the state t r ial court denying defendant ' s motion
for a new trial , the affirmance by the Massachusetts Appeals
Court (" MAC " ) and in the R&R . The Court will not repeat them .
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Case 3:22-cv-30153-NMG Document 53 Filed 11/19/25 Page 1 of 6..
Relevant here are pet it ioner ' s convict i on s in 2015 on three
counts of home invasion , in violation of M. G. L . c . 265 , §18C , and
three counts of assau lt wit h a dangerous weap on , s pecifically a
firearm , in violation of M. G. L . c . 265 , §15B(b) , for which
petitioner was s entenced to 20 to 22 years i n state prison .
In 2017 Valle moved for a new trial based on al l eged Fifth
and Sixth Amendment violations . Th e trial court d enied that
motion . The MAC affirmed and the Massachusetts Supreme Judicial
Court (" SJC " ) denied petitioner ' s request for fu rthe r appellate
review .
In 2022 pet itioner filed the instant petition for habeas
corpus . Petitio ner ' s custodian , Shei l a Kel ly (" r espo nden t " ) ,
timely opposed . The matter was r eferred to Magistrate J udge
Robertson who issued her R&R i n J un e , 2025 , reco mm ending that
thi s Court deny the habeas petition . In August , 2025 ,
petitioner filed objectio n s to the R&R .
II. Legal Standard
Under the Antiterrorism and Ef fective Deat h Penalty Act
(" AEDPA " ) , a federal ha b eas court may not 9rant a wr it of habeas
corpus unless the underlying state court adjud ic at ion resulted
in a decision that is co n trary t o , or involved an unreasonable
application of , clearly established federal law . 28 O. S . C .
§2254 (d) (1) .
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Case 3:22-cv-30153-NMG Document 53 Filed 11/19/25 Page 2 of 6.. If a federal claim was not addressed by the state courts because the issue was dec ided solely on state law grounds , the decision is not entitled to the deferen tial review defined in AEDPA ; ins te ad , the clai m i s reviewed de novo . Fortini v . Murphy , 257 F . 3d 39 , 47 (1st Cir . 2001) . If the state standard is more favorable to the defendant than the federal law , however , the federal analysis is presumed to be subsumed with i n the state law adjudication and the decision remains ent itled to deference . Id . at 125 . III . Alleged Prosecutorial Misconduct Petitioner claims that dur i ng his ju ry tri a l the prosecutor knowingly u sed fal se testimony from a Springfield police officer . Specifically , the testifying officer stated that Office r Brantley , an investig ating officer on the scene , radioed that '' multiple females " identified petitioner as the shooter . Because pe t itioner was never charged with being the sho oter nor otherwise identified as the shooter by witnesses , he contends that this was fal se te st imony . The MAC held t ha t , while the prosecutor should have co rrected th at potentially mislead i ng testimony , ultimately i t did not create a substantial risk of a miscarriage of j us tice because Officer Brantley and the three victims all testified at th e trial , and none o f them identified Petitioner as the shooter ; moreover , the prosecutor told t he jury that Petitioner was not charged with firing a gun . - 3 - Case 3:22-cv-30153-NMG Document 53 Filed 11/19/25 Page 3 of 6
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a. Legal Standard for Prosecutorial Misconduct
1 . State
Under Massachusetts state l aw , unpreserved errors in non-
murder cases are reviewe d for substantial risk of a miscarriage
of justice ( " the Freeman standard " ) . Commonweal th v . Freeman ,
227 N. E . 2d 3 , 9 (Mass . 1967) . The Freeman standard is nearly
i dentical to the one used in capital cases reviewed by the SJC
under Mass . Gen . Laws ch . 278 , §33E (" the 33E standard " ) . The
SJC itself has recognized that
[i]n many opinions we have described the tests under th e
Freeman standard and the §33E standard in words wh i ch
suggest that the tests may be identical .
Commonwealth v . Lennon , 399 Mass . 443 , 448 n . 6 (1987) .
The SJC clarified , however , that the 33E standard places a
greater burden on the court than the Freeman standard because
there is a duty to review the whole record under 33E but not
under the Freema n standard . Consequently , the 33E standard is
more defendant - friendly than the Freeman standard .
2. Federal
Under clear l y established federa l l aw , the know i ng use of
false testimony constitutes a due process violation when there
is " any reaso nabl e likelihood that the false testimony could
have affected the judgment of the jury . " Kyles v . Whitley , 514
U. S . 419 , 433 n . 7 (1995) ; Napue v . Illi nois , 360 U. S . 264 , 271
( 1959) .
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Case 3:22-cv-30153-NMG Document 53 Filed 11/19/25 Page 4 of 6b. Analysis The Magistrate J udge de te rm i ned t ha t the MAC applied the 33E standard and , relying on case law that found it subsumed the fe deral standard , afforded deference to the MAC ' s decision . The MAC did no t , however , apply the 33E standard , which would have been a mistake but , instead , correctly applied the Freeman s tan dard . Having misidentified the standard applied by the MAC , the Magistrate Judge did not undertake the requisite analys is to determine whether the Freeman standard , rather than the 33E standard , subsumes the federal standa rd . Thi s Court has not discovered any Massachusetts state court decision explicitly holding that the Freeman standard is more favo rable to de fe ndants than the federal standard . Because the fe deral law analysis is not subsumed within the state law adjudication , this Court will conduct a de nova review , using the federal standard . Norton v . Spencer , 351 F . 3d 1 , 5 (1 st Cir . 2003) . As desc ri b ed earlier , under clearly established federal l aw , the knowing use of false testimony con s titutes a due process violation when there is " any reasonable likelihood that the false testimony could have affected the judgment of the jury . " Napue , 360 U. S . at 271 . Even assuming , however , that the te stimony was false and that its use was knowing , the Court finds that there is no reasonable likelihood that the testimony - 5 - Case 3:22-cv-30153-NMG Document 53 Filed 11/19/25 Page 5 of 6
'Ill ..... • ., .. could have affected the jury given that petitioner was not charged with be ing the shoo ter and none of the test if ying witnesses identified him as the shooter . Indeed , the government ' s theory of the case rested on the premise tha t petitioner was not the shooter and was startled by the shoot ing , leadin g hi m to break into the victim ' s apartment . Accordingly , the Court reaches the same result as the Magistrate Judge : there was no meaningful prosecutorial miscondu ct and petit ioner ' s objection to the R&R is overruled . ORDER After consideration of petitioner ' s objections (Docket No . 52) thereto and , with clarification of the ruli ng with respect to the prosecutorial mi sconduct claim , the Report and Recommendation is accepted and adopted . So ordered. Na thanie.lM. dbfton S enio r United Sta tes District Judge Dated : November /f , 2025 - 6 - Case 3:22-cv-30153-NMG Document 53 Filed 11/19/25 Page 6 of 6
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