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Ulner Still v. James T. Conway

March 10, 2011

ULNER STILL, PETITIONER,
v.
JAMES T. CONWAY, RESPONDENT.



The opinion of the court was delivered by: VICTOR E. Bianchini United States Magistrate Judge

DECISION AND ORDER

I. Introduction

Proceeding pro se, Ulner Still ("Still" or "Petitioner") has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his state custody pursuant to a judgment of conviction following a jury trial in New York State Supreme Court (Erie County). The parties have consented to disposition of this matter by a magistrate judge pursuant to 28 U.S.C. § 636(c)(1). For the reasons that follow, the petition is dismissed.

II. Background

Petitioner was found guilty after trial of six counts of assault in the second degree (N. Y. Penal Law § 120.05(1)(2)), six counts of assault in the third degree (N. Y. Penal Law § 120.00(1)) and two counts of endangering the welfare of a child (N. Y. Penal Law § 260.10(1)). The proof adduced at trial may be summarized as follows.

In the spring of 2003, Susan Still and her husband, Petitioner, lived in the Town of Amherst with their 13-year old son, Dane, an 8-year old son, DazMann, and an older daughter, Angel. In April, Petitioner told Mrs. Still that she should leave the household, but he said she could stay if she agreed to be a slave to the children. Petitioner made her kiss his feet and their daughter's feet. At the end of April or early May, Petitioner beat his wife with a belt, striking her about five times in the arms, legs and shoulders causing severe pain. (252, 253, 255, 261-264).

On May 5, 2003, Petitioner was displeased with his wife's conduct and hit her on the head, knocking her to the floor. He then punched her five - ten times about the arms, torso and head and he kicked her three times. The two boys were present during the assault. Mrs. Still was extensively bruised and experienced severe pain. (265-273).

On May 14, 2003, Petitioner became angry with his wife again and hit her five to ten times, causing her significant pain for four or five days. (275, 280-281). Thereafter, Petitioner punched her about ten times and kicked her two to three times, causing significant bruising and pain. (281-284).

On May 20, 2003, Petitioner smacked Mrs. Still in the head in the presence of their children. As a result of the assault, Mrs. Still experienced shooting pains and her hearing was affected. (285-287).

On May 28, 2003, Petitioner beat his wife with a belt about five times, and told the children to slap her, which they did. (288-290).

On June 2, 2003, Petitioner beat his wife with a book ten to fifteen times, and hit her again about five to ten times causing severe pain. (290-294).

On June 16, Petitioner hit Mrs. Still in the head and arms about ten times and punched her in the stomach.(306-308).

On June 20 and 22, Petitioner assaulted his wife again. (309, 314, 316-317). On June 22nd, Petitioner told his older son to videotape the assault (319-322).

Thereafter, Mrs. Still went to the police and was subsequently taken to a shelter with her ...


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