Arnold v. Dormire
2012 U.S. App. LEXIS 6613
8th Cir.2012Background
- Arnold and Reynolds attempted to escape Miller County jail in July 2004 after gaining access to the drunken tank while researching law.
- During the escape, Reynolds grabbed Fields and Arnold threatened to kill her with a ballpoint pen; Freeman was knocked unconscious and Rising observed the events.
- Arnold and Reynolds moved through the booking area multiple times, with Fields present as a hostage while Arnold refused to release her.
- A jury convicted Arnold of attempted escape from confinement, kidnapping, and armed criminal action; acquitted him of other armed action and assault charges; he was sentenced to life plus 280 years.
- Arnold unsuccessfully pursued state postconviction relief; only one ineffective-assistance ground was preserved on appeal, and federal habeas claims followed with procedural-default challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for not requesting a false imprisonment instruction | Arnold argues trial counsel failed to request a lesser-included offense instruction. | Respondents contend no basis existed to acquit on kidnapping and convict on false imprisonment under state law. | No reversible error; instruction not warranted under Missouri law. |
| Whether Arnold may raise procedurally defaulted claims due to a systemic public defender failure | Arnold asserts cause exists from Missouri public defender system failures to excuse default. | Defendants argue Martinez and Coleman limit cause; default remains unless exceptional external cause is shown. | No cause shown; default remains and claims are procedurally barred. |
Key Cases Cited
- Crump v. Caspari, 116 F.3d 326 (8th Cir. 1997) (miscarriage of justice standard for failure to instruct on lesser offenses)
- Hill v. United States, 368 U.S. 424 (Supreme Court 1962) (fundamental defects standard for omission of defenses)
- Carney v. Fabian, 487 F.3d 1094 (8th Cir. 2007) (no constitutional requirement for lesser-included offenses in noncapital cases)
- Martinez v. Ryan, 132 S. Ct. 1309 (2012) (limited Martinez rule; counsel failure in initial-review collateral proceedings may create cause)
- Coleman v. Thompson, 501 U.S. 722 (1991) (cause requires external circumstance beyond petitioner)
- Beaulieu v. Minnesota, 583 F.3d 570 (8th Cir. 2009) (state-law procedural default rules govern allowable federal review)
- Jolly v. Gammon, 28 F.3d 51 (8th Cir. 1994) (requirement to raise claim at each stage to avoid default)
- Wheat v. State, 775 S.W.2d 155 (Mo. banc 1989) (state-law limits on presenting ineffective-assistance claims)
- Estelle v. McGuire, 502 U.S. 62 (Supreme Court 1991) (federal review of state-law questions in habeas corpus)
- Bounds v. Delo, 151 F.3d 1116 (8th Cir. 1998) (federal habeas review of state procedural default)