85 F.4th 898
9th Cir.2023Background
- Maureen McDermott was convicted of first-degree murder and sentenced to death for hiring others to kill Stephen Eldridge for insurance proceeds; the killing involved repeated stabbings and postmortem mutilation.
- At penalty-phase closing, the prosecutor quoted Biblical passages urging death, but defense counsel did not contemporaneously object at trial.
- McDermott raised claims on direct appeal and in multiple state habeas petitions; the California Supreme Court (CSC) denied relief on the merits in the second habeas decision; federal habeas proceedings followed under AEDPA.
- The district court denied McDermott’s federal habeas petition; on appeal the Ninth Circuit reviewed (1) prosecutorial misconduct based on Bible quotations, (2) a Batson challenge to peremptory strikes of Black venirepersons, and (3) ineffective-assistance-of-counsel claims and COA requests.
- The Ninth Circuit held the CSC’s denial of the prosecutorial-misconduct claim was not contrary to clearly established Supreme Court law (AEDPA deference), granted a COA on Batson but denied that claim on the merits after a comparative juror analysis, and denied COAs on the remaining ineffective-assistance claims.
Issues
| Issue | Plaintiff's Argument (McDermott) | Defendant's Argument (State/Johnson) | Held |
|---|---|---|---|
| Prosecutorial misconduct — use of Bible in penalty closing | Biblical invocations improperly appealed to religion and passion, warranting habeas relief | Claim is procedurally defaulted for failure to object; alternatively, no clearly established Supreme Court precedent forbids religious appeals | Denial affirmed: not procedurally barred (last state court reached merits) but fails under AEDPA because no clearly established Supreme Court rule forbids Bible quotations in closing |
| Batson challenge — peremptory strikes of Black venirepersons | Prosecutor struck 8 of 12 Black jurors (no Black jurors seated); numerical and comparative evidence shows racial discrimination | Prosecutor offered race-neutral reasons (death-penalty views, immaturity, comprehension); trial judge found reasons credible | COA granted (claim debatable); claim denied on the merits under AEDPA §2254(d)(2) after comparative juror analysis — CSC’s factual finding of no purposeful discrimination was not unreasonable |
| Procedural default / state-court merits decision | CSC’s later habeas denial on the merits cured contemporaneous-objection default from direct appeal | State previously relied on contemporaneous-objection rule; alternative procedural bars asserted | Court held the CSC’s merits denial in the second habeas petition removed the procedural bar, so federal AEDPA review applies |
| Ineffective assistance of counsel (voir dire, guilt, penalty phases) / COA requests | Counsel’s failures at multiple phases prejudiced McDermott and warrant relief or at least appellate review | Claims lack merit and are not reasonably debatable | COAs denied; reasonable jurists would not debate resolution of these claims |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (prohibits race-based peremptory strikes; three-step Batson framework)
- Caldwell v. Mississippi, 472 U.S. 320 (jury cannot be led to believe responsibility for capital sentence rests elsewhere)
- Godfrey v. Georgia, 446 U.S. 420 (death penalty procedures must avoid arbitrary or capricious imposition)
- Sandoval v. Calderon, 241 F.3d 765 (9th Cir.) (religious appeals in capital sentencing condemned as improper)
- Cullen v. Pinholster, 563 U.S. 170 (federal AEDPA review limited to record before state court)
- Harrington v. Richter, 562 U.S. 86 (AEDPA requires deference; state-court decision must be objectively unreasonable to warrant relief)
- Miller-El v. Cockrell, 537 U.S. 322 (standard for Certificate of Appealability; reasonable jurists test)
- Rice v. Collins, 546 U.S. 333 (Batson step-three factual determinations reviewed under AEDPA §2254(d)(2))
- Ylst v. Nunnemaker, 501 U.S. 797 (last-reasoned state decision governs federal review)
- Everson v. Board of Education, 330 U.S. 1 (establishment-clause principle; separation of church and state)