Druery v. Thaler
2011 U.S. App. LEXIS 14835
5th Cir.2011Background
- Petitioner Druery was convicted of capital murder and sentenced to death by Texas court after jury trial; conviction affirmed by Texas Court of Criminal Appeals, then denied state habeas relief.
- Petitioner exhausted state remedies and sought federal habeas relief; district court denied relief and COA.
- Petitioner challenged the death sentence on multiple grounds, including ineffective assistance of counsel and jury instructions.
- District court denied COA; Petitioner appeals for COA from Fifth Circuit.
- Facts recount Browne’s murder during a plan to rob Browne; Petitioner's counsel declined a lesser-included murder instruction, and mitigation evidence was presented during punishment.
- Texas 12-10 rule jury instruction and the lack of burden on the State to negate mitigation were challenged as unconstitutional
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for declining lesser-included murder instruction | Druery | Thaler | No COA; state court reasonably declined |
| Failure to investigate and plan mitigation strategy | Druery | Thaler | No COA; state court reasonable on facts and law |
| 12-10 jury instruction constitutional under Mills and due process | Druery | Thaler | No COA; Mills not controlling for Texas scheme |
| Trial court sua sponte failure to instruct lesser-included murder | Druery | Thaler | No COA; invited-error doctrine bars relief |
| Burden of proof on mitigation instruction | Druery | Thaler | No COA; Texas mitigation scheme constitutional without explicit burden shift |
Key Cases Cited
- Mills v. Maryland, 486 U.S. 367 (1988) (Eighth Amendment concern with mitigating evidence preclusion)
- Beck v. Alabama, 447 U.S. 625 (1980) (Entitles defendant to instruction if evidence warrants)
- Jones v. United States, 527 U.S. 373 (1999) (Eighth Amendment jury instruction consequences not required)
- Caldwell v. Mississippi, 472 U.S. 320 (1985) (Juror responsibility misinstruction concerns)
- Dugger v. Adams, 489 U.S. 401 (1989) (Clarifies Caldwell in state-law context)
- Kelly v. South Carolina, 534 U.S. 246 (2002) (Due-process instruction requirement on parole eligibility not at issue here)
- Miller-El v. Cockrell, 537 U.S. 322 (2003) (COA standard; deferential review under AEDPA)