Henness v. Bagley
2011 U.S. App. LEXIS 13656
| 6th Cir. | 2011Background
- Henness convicted of aggravated murder and sentenced to death for Myers's killing; motive tied to drug use and Tabatha.
- Police arrested Henness based on an in-person tip about a white male in a green trench coat near the murder scene; knife was found on him during a pat-down.
- A second interrogation occurred after his wife’s conversations with a friend; Henness admitted being with Myers and suggested Cuban involvement.
- Mitigation phase contested due to defense counsel’s motion to withdraw, and Henness’s cooperation with presenting mitigating evidence.
- State post-conviction and federal habeas petitions followed, raising multiple claims including ineffective assistance, Brady violations, evidentiary rulings, and sentencing instructions.
- The district court denied the petition; the Sixth Circuit affirmed, denying relief on all asserted grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for not moving to suppress the stop and arrest. | Henness | Henness | No; tip supported stop under Terry; no prejudice shown. |
| Whether Henness's statements to police were properly admitted as voluntary under the Fifth Amendment. | Henness | Henness | No; reinitiation and Edwards framework upheld the second interrogation. |
| Whether the mitigation phase denial of counsel to withdraw tainted sentencing. | Henness | Henness | No; court acted within four-factor test and public-interest balance. |
| Whether Brady material was improperly withheld. | Henness | Henness | No; cumulative, non-material, or non-dispositive evidence; no prejudice. |
| Whether the sentencing-phase jury instructions violated due process. | Henness | Henness | No; instructions balanced mitigating factors without coercive unanimity requirement. |
Key Cases Cited
- Edwards v. Arizona, 451 U.S. 477 (U.S. 1981) (unambiguous invocation of counsel required to stop questioning)
- Davis v. United States, 512 U.S. 452 (U.S. 1994) (clarifies when suspect's statement is an unambiguous request for counsel)
- Kimmelman v. Morrison, 477 U.S. 365 (U.S. 1986) (ineffective assistance when Fourth Amendment claim meritorious and prejudicial)
- Northrop v. Trippett, 265 F.3d 372 (6th Cir. 2001) (anonymous tip reliability depends on in-person observation)
- Whaley v. United States, 13 F.3d 963 (6th Cir. 1994) (Edwards reinitiation concept)
- Henness v. Bagley (this opinion's citation), 644 F.3d 308 (6th Cir. 2011) ( Sixth Circuit affirming district court denial of habeas petition)