McManus v. Neal

Citation779 F.3d 634
Decision Date17 February 2015
Docket NumberNo. 12–2001.,12–2001.
PartiesPaul M. McMANUS, Petitioner–Appellant, v. Ron NEAL, Superintendent, Indiana State Prison,Respondent–Appellee.
CourtUnited States Courts of Appeals. United States Court of Appeals (7th Circuit)

779 F.3d 634

Paul M. McMANUS, Petitioner–Appellant
v.
Ron NEAL, Superintendent, Indiana State Prison* Respondent–Appellee.

No. 12–2001.

United States Court of Appeals, Seventh Circuit.

Argued Sept. 25, 2013.
Decided Feb. 17, 2015.


779 F.3d 638

Marie F. Donnelly, Attorney, Chicago, IL, Alan M. Freedman, Attorney, Evanston, IL, for Petitioner–Appellant.

Kelly A. Miklos, Attorney, Office of the Attorney General, Indianapolis, IN, for Respondent–Appellee.

Before WOOD, Chief Judge, and FLAUM and SYKES, Circuit Judges.

Opinion

SYKES, Circuit Judge.

An Indiana jury convicted Paul McManus of murdering his estranged wife and two young daughters, and the trial judge sentenced him to death in accordance with the jury's recommendation. The Indiana Supreme Court affirmed on direct appeal, but on postconviction review the trial judge found McManus intellectually disabled and thus ineligible for the death penalty. See Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) ; see also Ind.Code § 35–36–9–6. A divided Indiana Supreme Court disagreed and reimposed the death sentence.

McManus then sought federal habeas review on several claims of constitutional error, including a challenge to the rejection of his claim of intellectual disability under Atkins. The district court denied relief but authorized an appeal on the Atkins issue. We expanded the certificate of appealability to include the following questions: (1) whether the state courts unreasonably applied federal due-process standards in finding McManus competent to stand trial, see Pate v. Robinson, 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815 (1966) ; Dusky v. United States, 362 U.S. 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960) ; (2) whether McManus was forced to appear before the jury in a “drug-induced stupor” in violation of Riggins v. Nevada, 504 U.S. 127, 112 S.Ct. 1810, 118 L.Ed.2d 479 (1992) ; and (3) whether McManus's trial attorneys were ineffective for failing to present additional mitigating evidence about his intellectual disability during the sentencing phase of the trial.

We agree with the district court that McManus is not entitled to habeas relief on his claim of categorical ineligibility for the death penalty. The state high court applied the rule of Atkins and made a reasonable factual determination that McManus is not intellectually disabled. But the state courts unreasonably applied clearly established due-process standards for adjudicating a defendant's competency to stand trial. The record reflects that McManus decompensated soon after the

779 F.3d 639

trial testimony got underway. He had several panic attacks, and his symptoms were severe enough to require two trips to the emergency room. There he was treated with a potent combination of several psychotropic drugs—including one that knocks out memory—as well as an opioid painkiller. He remained on a regimen of mind-altering medications for the duration of the trial.

The powerful effect of the medications alone created substantial doubt about McManus's mental fitness for trial, but the judge never ordered a competency evaluation. Instead, the judge focused on getting McManus “fixed up” enough to complete the trial. By taking this approach, the judge failed to apply the legal framework established in Dusky and Pate for addressing competency questions. The Indiana Supreme Court recited the correct legal standard but in the end did not actually apply it. Although habeas review of state judgments is deferential, see 28 U.S.C. § 2254(d)(1)–(2) (2012), the record does not permit a conclusion that the state courts reasonably applied federal constitutional requirements for adjudicating a defendant's competency to stand trial.

Accordingly, we reverse and remand to the district court with instructions to grant the writ unless Indiana gives notice of its intent to retry McManus within a reasonable time to be set by the district court. This holding makes it unnecessary for us to address McManus's remaining claims, which rest on other allegations of constitutional error at trial.

I. Background

A. The Murders, Trial, and Posttrial Motion to Correct Errors

Habeas review in capital cases usually entails a lengthy procedural record, and this case is no exception. We limit our historical account of the case to the details that are important to the claims on which the appeal was authorized. Even so, significant length cannot be avoided.

Paul McManus married his wife, Melissa, in 1992. They had two daughters, Lindsey and Shelby, and the family lived in Evansville, Indiana. Shelby, the younger girl, had serious birth defects. She was born without eyes and her esophagus did not connect to her stomach; she received nourishment through a feeding tube.

At the time of the crimes, McManus was working three jobs: He was a laborer at a plastics factory, a barback at a local pool hall (he stocked the bar with ice and beverages and otherwise assisted the bartender), and one day a week he did janitorial work at a freight company.

In the fall of 2000, Melissa left Paul, taking their daughters with her. At the time Lindsey was almost eight years old and Shelby was not quite two. The couple officially separated in December, although Melissa and the girls continued to live in Evansville.

On January 24, 2001, McManus was arrested for domestic battery against his estranged wife. Melissa told the arresting officer that McManus had threatened to kill “everyone.” During the next few weeks, McManus talked of suicide and continued to threaten violence against his family. He was fearful that Melissa would leave Evansville with the girls, and he spoke of wanting to kill himself and his family so they could be together.

On the morning of February 26, 2001, McManus was served with divorce papers. Later that day he carried out his threats against his family. He got a handgun from his brother's house, bought ammunition at a gun store, and took a taxi to his wife's home. There he shot Melissa once in the leg and three times in the head.

779 F.3d 640

Turning the gun on the girls, he shot Lindsey three times in the head and Shelby once, also in the head. After killing his family, McManus took Melissa's car, left the scene, and called his mother and sister to confess what he had done. Then he drove to the Ohio River Bridge, climbed to the top, and threw himself into the river. Law-enforcement officers saw the jump and rescued him.

McManus was charged with three counts of murder. Indiana sought the death penalty, citing the multiple murders and the murder of two persons under the age of 12 as statutory aggravating factors. See Ind.Code § 35–50–2–9(b)(8), (12) (2013). McManus's counsel filed a notice of intent to assert an insanity defense, so the judge postponed the trial to accommodate the forensic psychiatric examinations required to mount that defense.

For 14 months while in pretrial detention, McManus was treated with the antidepressant drug Elavil and also a beta-blocker to control his anxiety. Trial was scheduled for April 24, 2002. About a month before trial, the jail psychiatrist changed McManus's medication regimen, tapering his doses of Elavil from March 25, 2002 until April 17, 2002, then eliminating that drug altogether and substituting Effexor, another antidepressant. Expert testimony later established that Effexor can aggravate anxiety in some patients. Jail medical personnel also discontinued McManus's beta-blocker, apparently out of a concern that it was exacerbating his depression.

Voir dire began as scheduled on April 24. By April 29 a jury was sworn and testimony began. During the noon recess on the first day of testimony, McManus suffered a panic attack. He was hyperventilating, his blood pressure was elevated, and he reported chest pain. His symptoms were severe enough that he had to be taken to the hospital, so the judge recessed the proceedings for the remainder of the day. McManus was treated in the emergency room and returned to the jail.

The next day McManus had another panic attack, with the same symptoms as the day before. His attorneys reported having great difficulty communicating with him and advised the court that he was not competent to assist the defense or decide whether to testify. The judge again recessed the proceedings and sent McManus back to the hospital. This time the judge called ahead and spoke to Dr. Reza Mohammadi, one of the emergency-room physicians, apparently to let him know that McManus was coming, although the record does not reflect exactly what was said during the phone call.

Dr. Mohammadi treated McManus with several intravenous medications: Versed (a drug used to treat seizures and to achieve sedation and amnesia during medical procedures); morphine (an opioid for pain); and Xanax (a psychoactive drug used to treat panic and anxiety disorders). Before releasing McManus back to the jail, Dr. Mohammadi prescribed oral Xanax and Lortab, a combination of acetaminophen and hydrocodone, an opioid. The Xanax prescription specified a dosing regimen of three times per day—down from the usual four—because the drug has a...

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