Jones v. GDCP Warden
753 F.3d 1171
11th Cir.2014Background
- Jones was convicted of malice murder in 1979 Georgia state court and sentenced to death; a federal habeas petition vacated only the sentence and directed a new penalty-phase trial.
- Jones’s second penalty-phase trial occurred in 1997; during closing, the prosecutor emphasized lack of remorse and invoked the Tackett family, prompting a Fifth Amendment challenge.
- The jury found two statutory aggravating factors and again imposed a death sentence; Georgia Supreme Court rejected direct-appeal and subsequent claims.
- Jones later filed a federal habeas petition; the district court denied relief, and the Eleventh Circuit granted a certificate of appeal on two issues (ineffective assistance and closing argument).
- State postconviction proceedings developed a detailed record of trial counsel’s investigation, including gaps in mitigation investigation and evaluations of mental health evidence.
- The record in habeas proceedings included evidence of an abusive childhood, prison and military misconduct, multiple aliases, and several mental health evaluations suggesting PTSD and bipolar disorder, which defense and state experts contested.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the state court unreasonably applied Strickland prejudice | Jones | Jones | No; prejudice found reasonable under AEDPA and Strickland. |
| Whether new mitigating evidence would have changed the outcome | Jones | Jones | No; overwhelming aggravation plus potential new evidence would not tip the balance. |
| Whether prosecutorial closing argument violated the Fifth Amendment | Jones | Jones | No; not a direct comment on failure to testify under Griffin. |
| Whether AEDPA deference applied to the state court decision | Jones | Jones | Yes; state court adjudicated on the merits and AEDPA deference applied. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (standard for ineffective assistance of counsel)
- Williams v. Taylor, 529 U.S. 362 (2000) (AEDPA deference and review of state-court decisions)
- Harrington v. Richter, 562 U.S. 86 (2011) (test for unreasonable determinations of fact under AEDPA)
- United States v. Nobles, 422 U.S. 225 (1975) (work-product waiver when defense presents investigator as witness)
- Jefferson v. Upton, 560 U.S. 284 (2010) (distinguishing post-AEDPA context from pre-AEDPA case)
- Wong v. Belmontes, 558 U.S. 15 (2009) (consideration of all mitigating and aggravating evidence at sentencing)
- United States v. Knowles, 66 F.3d 1146 (11th Cir. 1995) (test for comment on defendant's failure to testify in closing)
- Williams v. New York, 337 U.S. 241 (1949) (hearsay at capital sentencing permitted; rebuttal right)