Styron v. JohnsonStyron v. Johnson
DENNIS, Circuit Judge:
Ronford Lee Styron, Jr., seeks a certificate of appealability (“COA“) on twelve issues to appeal the district court‘s denial of his application for habeas corpus and seeks relief from the denial of his petition for habeas corpus. The district court considered and rejected a certificate on these twelve issues although it granted a COA on four other issues. For the reasons that follow,
I. Facts and Procedural History
Appellant Ronford Lee Styron, Jr., was convicted of the capital murder of his eleven-month old son, Lee Hollace Styron, and sentenced to death. The medical evidence introduced at trial indicated that the victim died as a result of subdural hemorrhaging caused by trauma to the head. The evidence revealed that the child had suffered at least three distinct blows to his head, any one of which could have caused his death. Medical testimony indicated that the blows appeared to have been inflicted contemporaneously. Styron testified that he punched the victim in the head one time and did not offer any explanation as to how the victim received multiple bruises on his head.
Other medical evidence revealed the victim sustained retinal hemorrhages consistent with repeated episodes of shaken-baby trauma and multiple rib fractures within at least two weeks prior to his death. Testimony established that Styron squeezed the victim‘s stomach approximately three weeks before his death. Other testimony revealed that Styron had on numerous occasions physically abused the victim. The child had been taken to the hospital on three prior occasions: once for a cut lip, once for a broken leg, and once for treatment of a seizure disorder.
Styron was indicted by the grand jury of the 75th District
At the request of the State, without notice to Styron or his attorney and without a hearing, the action was transferred by the 75th District Court to the 253rd District Court of Liberty County. On January 4, 1994, the 253rd District Court, on Styron‘s motion, appointed Gary W. Bunyard as additional counsel. On January 5, 1994, Styron filed a pre-trial motion to quash the indictment contending that the government manipulated the transfer to secure a more favorable forum in which to prosecute the action. On May 10, 1994, after a hearing, the trial court denied the motion to quash.
Styron was tried before a jury upon a plea of not guilty. His defense was based upon a lack of intent to harm or to kill the child. The defense presented evidence that Styron was in fact a loving father to the victim; however, the jury conviсted Styron of
On October 27, 1994, the punishment phase of the trial was presented to the jury. The State produced numerous witnesses who testified about their knowledge of Styron‘s reputation and behavior. Four witnesses testified of his propensity to instigate fights. One witness testified that Styron provoked a fight with a boy who could not fight back because of a bad arm, and that Styron hit the boy several times before the witness grabbed Styron. Styron‘s high school principal and assistant principal both testified that he had a reputation for violence. A Dayton police officer, Shannon Spear, testified that Styron had violently attacked another boy while in the seventh grade, attacked a man on a freeway, and punched his sergeant while in the Army.
Curtis Wills, a psychologist called as a witness by the defense, testified that he could not predict whether Styron was likely to commit future criminal acts. On cross-examination, Wills testified that the results of the Minnesota Multiphasic Personality Inventory (MMPI) indicated that Styron was hostile, was aggressive, and was a person who harbored grudges. Wills further testified that Styron was the type of person who tends to be diagnosed with an anti-social personality.
Dr. Gripon, a psychiatrist, testified for the State. After a review of the offense reports, Styron‘s statements, and the results of the MMPI, in response to a hypothetical question Dr. Gripon testified that in his opinion Styron was a continuing threat to
After the hearing, the jury answered affirmatively the first special sentencing issue as to whether Styron posed a continuing threat to society. The jury answered negatively the second special sentencing issue аs to whether mitigating circumstances warranted a sentence of life imprisonment rather than the imposition of a death sentence. Accordingly, the trial court sentenced Styron to death in accordance with Texas law.
Styron appealed to the Texas Court of Criminal Appeals. The conviction and sentence were affirmed in an unpublished opinion issued October 30, 1996. Styron v. State, No. 72,001 (Tex. Crim. App. 1996). The Court of Criminal Appeals appointed James F. Keegan to represent Styron on state habeas corpus review. Application for writ of habeas corpus was filed, raising forty-three grounds for relief. Ex parte Styron, No. 20,278-A. Without a hearing on the state writ, the state trial court adopted the findings of fact and conclusions of law submitted by the State and recommended that relief be denied. The Court of Criminal Appеals, without discussion or analysis, adopted the trial court‘s findings and conclusions in a one-page opinion and denied habeas corpus relief in an unpublished order. Ex parte Styron, No. 37,058-01 (Tex. Crim. App. 1998).
Styron filed a federal petition for a writ of habeas corpus pursuant to
II. Application for COA
A. Issues and Standard of Review
Styron now seeks from this court COA for twelve additional issues on which to appeal the district court‘s denial of habeas relief. Since Styron filed his habeas application in the district court after April 24, 1996, we apply the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA). See Lindh v. Murphy, 521 U.S. 320, 336 (1997); Green v. Johnson, 116 F.3d 1115, 1119-20 (5th Cir. 1997). The AEDPA provides that “[u]nless a circuit justiсe or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from -- (A) the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court . . . .”
In this case, the district court declined to certify seventeen of twenty-one issues advanced by the petitioner. Styron seeks in this court certification on twelve of those seventeen issues. The twelve issues are as follows:
Issue 1: Styron‘s conviction for capital murder pursuant to
Issue 2: Conviction for capital murder pursuant to former
Issue 3: Failure of the trial court to instruсt the jury that a guilty verdict for capital murder could be returned only if the evidence established beyond a reasonable doubt that all the elements of the offense were committed on or after September 1, 1993, violated the prohibition against ex post facto laws of
Issue 4: Failure of the trial court to instruct the jury that a guilty verdict for capital murder could be returned only if the evidence established beyond a reasonable doubt that all the elements of the offense were committed on or after September 1, 1993, denied Styron due process of law guaranteed by the
Issue 5: Failure of the trial court to instruct the jury that a guilty verdict for capital murder could be returned only if the evidence established beyond a reasonable doubt that all the elements of the offense wеre committed on or after September 1, 1993, denied Styron the right to trial by jury guaranteed by the
Issue 6: Transfer of cause No. 20,278 from the 75th District
Issue 7: His absence, in violation of
Issue 8: Transfer of the cause from the 75th District Court to the 253rd District Court at the request of the State, but without notice to Styron or his attorney, denied Styron the right to counsel guaranteed by the
Issue 9: Attack by the State upon the integrity of attorney Walter P. Fontenot denied Styron due process of law guaranteed by the
Issue 10: Attack by the State upon the integrity of attorney Walter P. Fontenot denied Styron the right to counsel guaranteed by the
Issue 11: In violation of the
Issue 12: In violation of the
B. Analysis
For ease of discussion and analysis, similar issues will be grouped together.
1. Issues 1 through 5
Styron complains that since the statute under which he was convicted of capital murder became effective on September 1, 1993, the failure of the trial court to instruct the jury that all elements of the offense had to be committed on or after that date operated to subject Styron to an ex post facto law and to deny him due process of law. However, the defense neither objected to the jury charge nor requested an alternative charge along the lines Styron now asserts as crucial.
Styron‘s assertion that “there was considerable evidence at Styron‘s trial that elements of the offense were committed before September 1, 1993” is not supported by the record. There was evidence that the victim had suffered physical abuse for several months prior to his death on October 26, 1993, but the medical evidence revealed that the victim suffered three nearly simultaneous but distinct traumas to the head approximately three days prior to his death, any of which could have caused the fatality. Styron admitted to punching the child once on October
Moreover, the indictment properly alleged that the murder took place “on or about” October 23, 1993, and the jury charge tracked the language of the indictment:
Now, if you find from the evidence beyond a reasonable doubt that on or about the 23rd day of October, 1993, in Liberty County, Texas, the defendant, RONFORD LEE STYRON, JR., did then and there intentionally or knowingly cause the death of an individual, namely, Lee Hollace Styron, an individual under six years of age, by striking or hitting the head of Lee Hollace Styron with Ronford Lee Styron, Jr.‘s fist or by causing the head of Lee Hollace Styron to strike or hit an object or by manner and means unknown to the Grand Jury, then you will find the defendant guilty of capital murder as charged in Count I of the indictment.
There was no evidence from which the jury сould have found that actions by Styron prior to September 1, 1993, were the cause of death. The complained-of jury instruction properly charged the jury as to the temporal element of the offense. Styron‘s complaint on these issues is without merit.
Finally, in order for Styron‘s conviction to violate the ex post facto prohibition, the statute under which he was convicted would have to punish as a crime an act previously legal when committed, make more burdensome the punishment for a crime after its commission, or remove a defense available according to the law when the act was committed. See Dobbert v. Florida, 432 U.S. 282, 292 (1977) (citing Beazell v. Ohio, 269 U.S. 167, 169-70 (1925)). The statute under which Styron was tried and convicted did none of
In sum, these issues raised by Styron do not make a substantial showing of the denial of a constitutional right as required under the AEDPA. A COA will not issue.
2. Issues 6 through 8
Styron complains that the transfer of the cause from the 75th District Court of Liberty County, the district court from which the grand jury handed down the indictment, to the 253rd District Court of Liberty County, at the request of the State, without notice to or in the presence of either Styron or his attorney and without a hearing, violated Styron‘s rights to due process of law and to counsel.
Petitioner‘s motion to quash the indictment on these grounds was denied by the 253rd District Court after a hearing on May 2, 1994. At that hearing testimony showed that between 1977 and 1991 indictments were assigned randomly by the district clerk to either the 75th or the 253rd District Court. The testimony further showed that in 1992 the district clerk began to assign indictments to the court in which the prosecutor handling the case was assigned, and that the District Attorney‘s practice was to randomly assign cases to prosecutors. However, in this case, Prosecutor Anne Streit was assigned to Styron‘s case, and she was assigned to the 253rd District Court. The evidence suggests that when the District
The Texas Court of Criminal Appeals found that the transfer was effected pursuant to prosecutorial discretion and that Styron failed to produce exceptionally clear proof that the discretion had been abused.
The district court found no due process violation given that Styron failed to demonstrate that he was in any way prejudiced by the lack of hearing and notice of the transfer, and because the trial court hearing on the motion and the appellate and state writ process afforded Styron a full and fair hearing on this matter. The district court also found no violation of the right to counsel since an administrative act transferring the case was not a criminal proceeding in which the rights of Styron might be affected because the act of transfer was not a “critical stage” in the prosecution.
a. Right to Counsel
The right to counsel attaches “at or after the initiation of adversary judicial proceedings against the defendant.” United States v. Gouveia, 467 U.S. 180, 187 (1984). This right extends to critical pretrial proceedings as “the accused is guaranteed that he
The transfer of Styron‘s case was an administrative matter and not a “critical” proceeding. Counsel‘s absence did not derogate from a fair trial; indeed, Styron does not even argue that he was denied a fair trial or that the effect of the transfer pervaded the entire proceeding. See Satterwhite v. Texas, 486 U.S. 249, 257 (1988)(distinguishing cases “in which the deprivation of the right to counsel affected--and contaminated--the entire criminal
This court has refused to find a violation of the right to counsel at a pretrial confrontation during which a defendant was photographed outside the presence of counsel because “the right to counsel at all stages of the proceedings is not absolute.” Smith v. Puckett, 907 F.2d 581, 583 (5th Cir. 1990). Likewise, here the right is not absolute. The transfer did not affect any substantial rights, see Mempa, 389 U.S. at 134, because Styron was still afforded a fair trial. See Childress v. Johnson, 103 F.3d 1221, 1225 (5th Cir. 1997). The mere absence of counsel at an administrative process is not sufficient to show a deprivation of a constitutional right. Accordingly, no COA will issue because Styron has failed to make the requisite substantial showing of the denial of a constitutional right.
b. Due Process
“The constitutional right to presence is rooted to a large extent in the Confrontation Clause of the Sixth Amendment, but we have recognized that this right is protected by the Due Process Clause in some situations where the defendant is not actually
Styron has failed to show deprivation of a constitutional
This court has faced a similar issue in United States v. Osum, 943 F.2d 1394 (5th Cir. 1991). There, the court addressed the propriety of a transfer requested by the government to a judge who had previously presided over the trial of codefendants. Id. at 1398. First recognizing that a defendant does not have a constitutional right to trial within a particular division of a judicial district, and, a fortiori, before a particular judge, the court emphasized thаt a court may not transfer a case if a defendant makes a strong showing of prejudice. Id. at 1399. The court held the transfer to be valid, even though the government specifically chose the transferee judge. Id. at 1400. “Although the transfer of a case to a different judge upon request of the government is not something we would endorse as routine practice, we cannot in this case, given the existence of a valid reason supporting transfer and no showing of prejudice by the defendant,
Therefore, applying the proper standard under the AEDPA, we conclude that Styron has failed to make the requisite substantial showing of the denial of a constitutional right under the Sixth and Fourteenth Amendments. Accordingly, no COA will issue on Styron‘s claims related to the transfer.
3. Issues 9 and 10
Styron complains that testimony at the guilt/innocence phase of the trial by Wallace Clark, Styron‘s brother, that Styron‘s attorney (Walter P. Fontenot) had told Clark to lie to the grand jury, and that playing a portion of a recording of Clark‘s grand jury testimony to that effect, denied Styron due process of law and the right to counsel.
Prosecutorial misconduct is not a ground for relief unless it casts serious doubt upon the correctness of the jury‘s verdict. See United States v. Hernandez-Guevara, 162 F.3d 863, 874 (5th Cir. 1998). This court has previously identified three factors to be considered: 1) the magnitude of the prejudicial effect of the remarks; 2) the efficacy of any cautionary instruction given by the judge; and 3) the strength of the evidence supporting the conviction. United States v. Casel, 995 F.2d 1299, 1308 (5th Cir. 1993), vacated on other grounds by Reed v. United States, 510 U.S. 1188 (1994). Only where improper prosecutorial comments substantially affect the defendant‘s right to a fair trial do they require reversal. See United States v. Diaz-Carreon, 915 F.2d 951, 956 (5th Cir. 1990). Under these standards and viewing the testimony as a whole in its proper context, the alleged prosecutorial misconduct did not so infect the trial with unfairness as to deny due process of law.
Styron objects to the content of the statements made by Clark. However, this testimony was elicited by the prosecutor as prior inconsistent statements for impeachment purposes. Because the testimony was admissible evidence under
As a result, Styron fails to make the showing required under
4. Issues 11 and 12
Styron complains that he was denied effective assistance of counsel at trial because of his counsel‘s failures to object (1) to certain voir dire statements by the State regarding punishment (the weighing of mitigating evidence against aggravating factors); (2) to Styron‘s trial pursuant to a capital murder statute not effective at the time all elements of the crime were committed or to jury instructions that did not expressly condition guilt upon the finding beyond a reasonable doubt that all elements were committed after the statute‘s effective date; and (3) to the State‘s impeachment of Clark. He further complains that on appeal his appellate counsel failed to pursue these issues or to allege ineffective assistance of counsel at trial, and that such failures constitute ineffective assistance of сounsel on appeal.
To establish ineffective assistance of counsel, a defendant must show that counsel‘s performance was deficient and that the deficient performance prejudiced his defense--that the errors were so serious as to deprive the defendant of a fair trial, that is, a trial the result of which is reliable. See Strickland v. Washington, 466 U.S. 668, 687 (1984). Only a “showing that counsel made errors so serious that counsel was not functioning as the
There is a strong presumption that counsel“s conduct falls within the wide range of reasonable professional assistance or sound trial strategy. See Strickland, 466 U.S. at 689. The petitioner must identify the acts or omissions of counsel that are alleged to be outside the bounds of reasonable professional judgment, and the court must then determine whether, in light of all of the circumstances, the identified acts or omissions were outside the range of professionally competent assistance. Id. at 690.
Because a criminal defendant is constitutionally entitled to the effective assistance of counsel on direct appeal as of right, see Lombard v. Lynaugh, 868 F.2d 1475, 1479 (5th Cir. 1989), the Strickland standard applies to claims of ineffective assistance of counsel by both trial and appellate counsel. See Strickland, 466 U.S. at 687; United States v. Merida, 985 F.2d 198, 202 (5th Cir. 1993).
We adopt the district court findings that in light of all of the circumstances and considering the affidavit of Styron“s trial
Each of the grounds underlying the alleged errors by counsel on appeal have been discussed previously and found to lack merit. Therefore, appellate counsel“s failure to pursue relief on those bases does not constitute ineffective assistance of counsel since no prejudice resulted therefrom and because the reliability of the result of the appeal was not undermined thereby.
Accordingly, as each of the grounds raised to establish ineffective assistance of counsel at trial and on appeal have been resolved against Styron by this court, Petitioner has failed to make a substantial showing of the deprivation of a constitutional right. No COA will issue with respect to these issues.
III. Review of Certified Issues
A COA was granted on the issue of whether Styron“s conviction violated the cruel and unusual punishment clauses of the
Styron argues that former
Styron misses the mark when he argues that under the
On a more general level, the Supreme Court upheld the Texas death penalty scheme insofar as it narrowed the definition of capital murder to circumstances in which there was “at least one statutory aggravating circumstance in a first-degree murder case before a death sentence may even be considered.” Jurek v. Texas, 428 U.S. 262, 276 (1976). Murdering a child under six is a sufficiently narrow statutory aggravating factor. Therefore, we do
B. Equal Protection Challenge
Styron contends that conviction for capital murder under former
Styron next contends that the Texas statute cannot withstand even rational basis scrutiny because Texas has no legitimate interest in granting greater protection to children under six than to other children and adults. Rational basis scrutiny was clearly set out in Kimel, 528 U.S. at 84. “States may discriminate on the basis of age without offending the
The Texas Penal Statute is constitutional under rational basis scrutiny. First, there is a clear governmental interest in protecting young children. As the Texas Court of Criminal Appeals has eloquently stated, “Children are deemed to warrant protection because of their inexperience, lack of social and intellectual development, moral innocence, and vulnerability.” Henderson, 962 S.W.2d at 562. Secondly, the decision of the Texas legislature to
Alternatively, we agree with the district court that this claim is barred by Teague v. Lane, 489 U.S. 288 (1989), as it seeks application of a new constitutional rule of criminal procedure.
C. Due process and fair and impartial jury challenges
A COA was granted on the issues of whether an alleged misstatement by the prosecution during voir dire denied Styron a fair and impartial trial as guaranteed by the
Whether, taking into consideration all of the evidence, including the circumstances of the offense, the defendant“s character and background, and the personal moral culpability of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment rather than a death sentence be imposed.
Styron contends that a mitigating circumstance might be sufficient to warrant life imprisonment without outweighing the aggravating circumstances.
However, Styron, as he readily admits, failed to object to the voir dire questioning. “The “Texas contemporaneous objection rule constitutes an adequate and independent state ground that procedurally bars federal habeas review оf a petitioner“s claims.“” Jackson v. Johnson, 194 F.3d 641, 652 (5th Cir. 1999) (internal citations omitted). “In all cases in which a state prisoner has defaulted his federal claims in state court pursuant to an independent and adequate state procedural rule, federal habeas review of the claims is barred unless the prisoner can demonstrate cause for the default and actual prejudice as a result of the alleged violation of federal law, or demonstrate that failure to consider the claims will result in a fundamental miscarriage of justice.” Coleman v. Thompson, 501 U.S. 722, 750 (1991). If Styron overcomes the procedural bar, he still must demonstrate that “the prosecutors” comments “so infected the trial with unfairness
Although he never clearly addresses cause or prejudice, Styron does assert that his attorney failed to object to the voir dire questioning because he misunderstood the question and thought that the state was presenting accurate law. This reason, however, is not sufficient cause. The Fifth Circuit found that if an attorney “had “no reasonable basis upon which to formulate a constitutional question,” the default is excusable.” Landry v. Lynaugh, 844 F.2d 1117, 1120 (5th Cir. 1988). An attorney“s pеrsonal alleged misconceptions about the law do not rise to the level of a “change in federal law.” Id. Furthermore, Styron fails to demonstrate prejudice. The state never referred back to voir dire in its closing arguments, and the court submitted the special issue as dictated by
Styron also fails to show a risk of fundamental miscarriage of justice. Although he argues that the evidence presented during the punishment phase concerning his dysfunctional childhood and history of abuse was considerable, nevertheless the jury still received the proper instruction immediately before punishment deliberations.3 See Thompson v. Lynaugh, 821 F.2d 1054, 1061 (5th Cir. 1987) (holding, despite prosecutor“s misstаtement of the law during voir dire, there was no constitutional error because the court properly instructed the jury in accordance with law). Because Styron has failed to overcome the procedural bar, we decline to address the merits of his claim of violation of his right to a fair and impartial jury and right to due process.
IV. Conclusion
For the foregoing reasons, we deny Styron“s request for a COA on all issues, and we affirm the district court“s denial of habeas relief on the issues of the prohibition against cruel and unusual punishment, equal protection, fair and impartial jury, and due process.
Application DENIED; judgment AFFIRMED.