Greene v. Upton
2011 U.S. App. LEXIS 13180
11th Cir.2011Background
- Greene, a Georgia prisoner, was sentenced to death for malice murder arising from a 1991 spree of crimes in Taylor County.
- Indicted for malice murder, armed robbery, and aggravated assault; trial moved from Taylor to Clayton County and lasted 11 days in 1992.
- Prosecution exercised peremptory challenges against ten jurors, six of whom were Black; trial court accepted race-neutral explanations for challenges.
- Closing and sentencing arguments included comments about the victim's mother, juror sympathy, and references to punishment and potential post-trial outcomes; curative instructions were given.
- Georgia Supreme Court affirmed convictions, applying Witt and Batson standards; remand from the U.S. Supreme Court addressed proper standard for jury-selection review.
- Greene pursued federal habeas relief in 2001; district court denied and denied discovery/claims; Eleventh Circuit granted limited certificate of appealability and reviews the merits de novo under AEDPA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Batson claim whether race-based peremptory challenges occurred | Greene contends race-based exclusions denied equal protection. | Upton argues Georgia Supreme Court conducted thorough, race-neutral Batson review and upheld challenges. | No reversible error; Batson claim rejected. |
| Prosecutorial misconduct during guilt/sentencing closing | Greene asserts multiple improper remarks biased the verdict and sentence. | State court found any remarks either within permissible scope or harmless in light of evidence and curative instructions. | Not contrary to clearly established law; misconduct claims rejected. |
| Trial court's handling of jurors excused for death-penalty views | Greene challenges five juror dismissals as prejudicial error under Witt. | Georgia Supreme Court properly applied Witt and conducted exhaustive inquiry. | Not contrary to or an unreasonable application of law; claims rejected. |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (prohibits race-based peremptory challenges)
- McGahee v. Alabama Dep't of Corr., 560 F.3d 1252 (11th Cir. 2009) (last reasoned state-court decision; Batson review standards guidance)
- Miller-El v. Cockrell, 537 U.S. 322 (U.S. 2003) (Batson step-three requires credibility of race-neutral explanations)
- Wainwright v. Witt, 469 U.S. 412 (U.S. 1985) (death-penalty qualification standard for jurors)
- Darden v. Wainwright, 477 U.S. 168 (U.S. 1986) (harmless-error standard for prosecutorial misconduct)
- Early v. Packer, 537 U.S. 3 (U.S. 2002) (AEDPA deference for uncited but applicable Supreme Court precedent)
- Hill v. State, 263 Ga. 37, 427 S.E.2d 770 (Ga. 1993) (permissible argumentative references in closing; state law standards)
- Crowe v. State, 265 Ga. 582, 458 S.E.2d 799 (Ga. 1995) (propriety of Biblical references in closing argument)