United States District Court, D. Maryland
DEBORAH K. CHASANOW UNITED STATES DISTRICT JUDGE.
Petitioner Wayne Boone filed a petition for writ of habeas
corpus pursuant to 28 U.S.C. § 2254 on February 2, 2015.
ECF No. 1. The Petition challenges Boone's 2001
conviction in the Circuit Court for Baltimore City, Maryland
for three counts of attempted first degree murder.
Id.; ECF No. 3-1, p. 1. Respondents filed a limited
answer in which they sought dismissal of the Petition as
being time-barred under 28 U.S.C. § 2244(d)(1)-(2). ECF
No. 3. Subsequently, Boone filed a reply, arguing that his
claim is not time-barred because he has presented a colorable
claim of actual innocence and that the one-year period runs
from the date on which the facts supporting the claim could
have been discovered through the exercise of due diligence.
ECF No. 5. Pursuant to an Order of this court, Respondents
filed a supplemental answer addressing the merits of
Petitioner's claims. ECF No. 10. Thereafter, Boone filed
another reply. ECF No. 16. For the reasons that follow,
Boone's Petition is denied and will be dismissed, and a
certificate of appealability will not issue. The court finds
no need for an evidentiary hearing. See Rule 8(a),
Rules Governing Section 2254 Cases in the United States
District Courts and Local Rule 105.6 (D. Md. 2016);
see also Fisher v. Lee, 215 F.3d 438, 455 (4th Cir.
2000) (petitioner not entitled to a hearing under 28 U.S.C.
November 5, 2001, Boone entered an
Alford plea in the Circuit Court for Baltimore
City to three counts of attempted first-degree murder. ECF
No. 1, p.1; ECF No. 3-1, pp. 1, 5, 9. Once it was determined
that the plea was acceptable and that Boone was entering the
plea knowingly and voluntarily, the State offered the
following facts supporting the plea:
[A]t approximately 11:40 p.m. on August 4th of 2000, Mr. Alan
Michael, Jr. was sitting outside of 2708 Hollins Ferry Road
in Baltimore City, State of Maryland. He was currently
residing there in the basement. The house, 2708 Hollins
Ferry, belonging to his aunt and uncle, Mark and Kathy
While waiting outside for a friend, Alan Michael was
approached by the Defendant, Terrance Boone. The
Defendant asked for a cigarette. Mr. Michael--and asked Mr.
Michael if he had ever been robbed. Mr. Michael stated no.
The Defendant had his arm inside his shirt implying he had a
gun and stated “You are being robbed.”
The Defendant ordered Mr. Michael to walk towards the back of
the house towards a small field. Mr. Michael gave the
Defendant approximately $47.00 U.S. Currency. The Defendant
ordered Mr. Michael to walk ahead of him, directed him
through a couple of alleys to the Hollinswood Inn located at
2039 Annapolis Road. There, the Defendant instructed Mr.
Michael to dial a phone number. Mr. Michael did that, handed
the phone to the Defendant. At the end of the call, the
Defendant ordered Mr. Michael to walk, directed him back in
the same direction towards 2708 Hollins Ferry Road.
The Defendant then ordered Mr. Michael to take him into the
house at 2708 Hollins Ferry. They entered the dwelling
through the basement door, then upstairs to the first floor.
There, the Defendant who was thought to be armed with a gun,
ordered Mr. Michael to give him two knives off the counter in
the kitchen. Mr. Michael was then ordered to tie up his
uncle, Mark Bryant. The Defendant ordered Mrs. Bryant to lie
on the floor.
The Defendant then took a set of car keys and a wallet with
approximately $60.00 U.S. currency that belonged to Mr. Mark
Bryant. He then ordered Mr. Michael to lie on the floor. Once
Mr. Michael was on the floor, the Defendant used a knife to
cut his throat. The Defendant then used a knife to cut Mr.
Mark Bryant's throat.
As Mrs. Bryant was on the floor, he ordered her to get up and
told her her husband was dead and if she did not believe him,
to call his name. Mrs. Bryant called for her husband, got no
response. The Defendant then took Mrs. Bryant into the living
room where Mr. Michael was laying in a pool of blood. The
Defendant stated, “He's dead, too. If you don't
cooperate, I'll kill you, too.” The Defendant had
her kneel on her hands and knees, removed her underwear. The
Defendant began to touch her breast. He then stabbed her
three times in the back. At this point, Mr. Mark Bryant
jumped up and lunged towards the Defendant yelling. The
Defendant then fled from the house with Mr. Bryant trying to
During the course of the investigation, Detective Adams . . .
got an anonymous tip that the person responsible for the
cutting of these three victims was Terrance and lived on
Southdene Avenue. The detective was familiar with the
Defendant, Terrance Boone, who at the time was residing at
2573 Southdene Avenue. The detective then put together a
photograph array and on August 7th of 2000 showed that to
Alan Michael, Jr. He was unable to identify anyone from the
On August 8th, Detective Adams accompanied Mr. Michael to the
police headquarters where he did a computer composite picture
of the suspect. Detective Adams, once seeing the composite,
showed the same photographic array to Mr. Michael again and
asked him to cover up the top portion of, of any of the
suspects in the array's head to see if he could identify
anyone and at that time, Mr. Alan Michael, Jr. identified the
Defendant, Terrance Boone, seated to my left with his defense
counsel here at the trial table as the person that he
believed had cut their throats on August 4th and into the
early morning hours of August 5th of 2000.
Subsequent to that, as part of the investigation, on August
15th of 2000, the police department interviewed one Benny
Twait (phonetic) who indicated that she had had a
conversation with the same Defendant, Terrance Boone, here at
the trial table, about this incident and that that
conversation took place on August 8th of 2000 and that Mr.
Boone relayed the facts to her as to what happened on that
date and time, that he had approached Alan Michael, Jr.,
forced him into the house, had cut all, all three
person's throats, and gave a rather detailed description
After that, Ms. Twait (phonetic), having been arrested on
suspicion of prostitution charges, relayed this information
to the police and gave a taped statement to that effect and
is available here for trial today.
The Defendant has been identified for the record. All these
events did occur in the City of Baltimore. All the victims
were taken to Shock Trauma to be treated for their injuries
and all are doing rather well now as a result of these
injuries. Those are the facts in support of the plea.
ECF No. 1-2, pp. 39-44. No. DNA evidence tied him to the
scene of the crime. See ECF No. 10-3, p. 5.
the circuit court found Boone guilty of all three counts of
attempted first degree murder. ECF No. 1-2, p. 45. He was
sentenced to serve 50 years in prison, with all but eight
years suspended, followed by five years of probation.
Id. Boone did not file for leave to appeal the entry
of his guilty plea and sentence. ECF No. 1, pp. 2-3.
served the executed portion of his sentence and was released
to probation. See ECF Nos. 1-3 & 3-1. He was
thereafter convicted of a separate crime in this court, which
violated his probation in the underlying Maryland case.
See ECF No. 1, p. 12; ECF No. 1-2, p. 3. As
a result, on July 10, 2009, Boone was sentenced in state
court to serve the remaining 42 years in prison. ECF No.
3-1, p. 2.
18, 2010, Boone filed a petition for post-conviction relief,
which he later supplemented, alleging that:
1. His Alford plea was induced by trial
counsel's coercion and was not made knowingly,
voluntarily, or intelligently;
2. He was denied of his Sixth Amendment constitutional right
to effective assistance of counsel because counsel: (a)
lacked diligence and failed to advocate for Boone; (b) was
incompetent in failing to maintain communication; (c) failed
to argue against the State's withholding of witnesses and
statements; (d) failed to argue for suppression of a
questionable photo identification; (e) failed to file a
petition seeking leave to appeal, as well as a motion for
modification of sentence, as requested by Boone; and (f)
failed to advise Boone of exculpatory DNA evidence and his
3. There was prosecutorial misconduct through overzealous
prosecution of Boone despite exculpatory evidence; and
4. The evidence was insufficient.
ECF Nos. 3-1, p. 4; 10-1; 10-2. The circuit court denied
Boone's petition on January ...