Kenneth Earl Fults v. GDCP Warden
764 F.3d 1311
11th Cir.2014Background
- Fults received a death sentence in Georgia after pleading guilty to the 1996 murder and kidnapping of Cathy Bounds; a week-long crime spree preceded the murder, including burglaries and theft of firearms.
- Murder details: he forcibly entered Bounds’ home, taped her eyes, and shot her five times after intimidation.
- Trial evidence linked the murder to a letter in gang code and shell casings from the murder weapon found behind his trailer.
- Jury found two aggravating factors and imposed death: the murder occurred during kidnapping with bodily injury and was outrageously vile.
- Fults sought federal habeas relief under AEDPA; the district court denied relief and he timely appealed with a certificate of appealability.
- The central issues on appeal are juror bias claims and the mental retardation/Atkins claim; the court affirms the denial of habeas relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Juror bias procedurally barred? | Fults argues juror Buffington’s bias infected deliberations. | State argues the claim was defaulted; no cause and prejudice shown. | Procedurally barred; default not overcome on current record. |
| Mental retardation under Atkins? | Fults is mentally retarded, IQ scores below 70 support Atkins. | State court reasonably found no significant subaverage functioning; evidence not credible. | State court’s factual finding not unreasonable; Atkins claim denied. |
Key Cases Cited
- Owens v. McLaughlin, 733 F.3d 320 (11th Cir. 2013) (plenary review of AEDPA evidentiary standards)
- White v. Woodall, 134 S. Ct. 1697 (S. Ct. 2014) (clear-and-convincing standard under AEDPA; corroborates error requires fairminded disagreement)
- Metrish v. Lancaster, 133 S. Ct. 1781 (S. Ct. 2013) (difficult to meet AEDPA unreasonable-application standard)
- Premo v. Moore, 131 S. Ct. 733 (S. Ct. 2011) (counsel performance vs. Strickland standard in habeas)
- Hill v. Humphrey, 662 F.3d 1335 (11th Cir. 2011) (en banc; Georgia death-penalty standard adherence not contrary to federal law)
- Atkins v. Virginia, 536 U.S. 304 (S. Ct. 2002) (death penalty for mentally retarded)
- Sawyer v. Whitley, 505 U.S. 333 (1992) (actual innocence and fundamental miscarriage of justice analysis)
- Henderson v. Campbell, 353 F.3d 880 (11th Cir. 2003) (procedural default when not raised in state court unless cause exists)