750 F.3d 1226
11th Cir.2014Background
- Henry, a Georgia prisoner on death row after pleading guilty to murdering Officer Ingram, challenged the denial of habeas relief on a juror-misconduct claim.
- Hill, the juror who was pregnant, was removed from deliberations after the trial court found she impeded open discussion and could not freely deliberate with the others.
- Hill’s removal occurred after the foreman reported Hill’s impediments and Hill acknowledged the impediment to deliberations due to her condition.
- After Hill’s removal, the jury imposed a death sentence on Henry; post-sentencing, Henry sought investigative funding and a new trial, which were denied.
- Henry did not raise the juror-misconduct issue on direct appeal; state courts denied collateral review for procedural default, and federal courts initially denied relief, citing AEDPA standards and lack of cause/prejudice.
- Henry argued that ineffective assistance of appellate counsel and the state of discovery/record constituted cause to overcome default; the district court and courts below denied these arguments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether procedural default bars federal review of juror misconduct claim | Henry argues cause exists to overcome default. | State argues default is adequate and independent; no valid cause shown. | Procedural default bars relief; no sufficient cause to overcome. |
| Whether appellate counsel's ineffectiveness constitutes cause to overcome default | Henry contends ineffective assistance of counsel on appeal is cause. | Counsel's decisions reasonable; no outside factor; Strickland not met. | Ineffective assistance cannot constitute cause. |
| Whether Henry is entitled to an evidentiary hearing on cause and prejudice | Henry seeks discovery and live testimony to show cause and prejudice. | Record insufficient; no need for an evidentiary hearing. | District court did not abuse discretion; no entitlement to an evidentiary hearing on the merits due to default. |
Key Cases Cited
- Kelley v. Secretary for Dep’t of Corr., 377 F.3d 1317 (11th Cir. 2004) (standard for review of procedural-default determinations; evidentiary hearing guidance)
- Judd v. Haley, 250 F.3d 1308 (11th Cir. 2001) (adequacy of state ground; cause/prejudice analysis framework)
- Marek v. Singletary, 62 F.3d 1295 (11th Cir. 1995) (adequate and independent state ground generally bars federal review)
- Wainwright v. Sykes, 433 U.S. 72 (U.S. 1977) (cause and prejudice to overcome procedural default)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective assistance of counsel; standard for deficient performance)
- Williams v. Taylor, 529 U.S. 420 (U.S. 2000) (AEDPA implications; evidentiary hearings and cause analysis)
- Keeney v. Tamayo-Reyes, 504 U.S. 1 (U.S. 1992) (evidentiary hearings; causation standards for non-diligent petitioners)
- Schriro v. Landrigan, 550 U.S. 465 (U.S. 2007) (standard of review for district court's evidentiary-hearing decision)
- Williams v. Allen, 542 F.3d 1326 (11th Cir. 2008) (six circumstances when a state hearing is not full and fair)
- Turpin v. Todd, 493 S.E.2d 900 (Ga. 1997) (Georgia law; factors affecting cause/prejudice analysis)