Steven Patton v. D. Mills

MEMORANDUM

Steven D. Patton appeals the district court’s denial of a writ of habeas corpus for failure to exhaust his federal constitutional claim as required by the Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C. § 2254 (b)(1)(A). We have jurisdiction pursuant to 28 U.S.C. § 2258 , and we affirm.

Patton pleaded guilty to one count of attempted unlawful sexual penetration, two counts of first-degree sexual abuse, one count of third-degree sexual abuse, and one count of third-degree attempted rape in Washington County, and the plea agreement provided that he would not face charges in Clackamas County arising out of a different sexual assault. However, Patton was indicted in Clackamas County as well, and pleaded guilty to one count of third-degree rape. He filed a petition for post-conviction relief in the Oregon state courts, alleging, inter alia, that his Washington County attorney provided ineffective assistance of counsel by allowing him to sign a plea agreement with an unenforceable global settlement provision. During state post-conviction hearings, however, Patton’s post-conviction attorney waived the ineffective assistance of counsel claim, stating,…