Krawczuk v. Sec'y

• Decision Date: 18 October 2017
• Docket Number: No. 15-15068.,15-15068.
• Parties: Anton J. KRAWCZUK, Petitioner–Appellant, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Respondent–Appellee.
• Court: U.S. Court of Appeals — Eleventh Circuit

873 F.3d 1273

Anton J. KRAWCZUK, Petitioner–Appellant,

v.SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Respondent–Appellee.

No. 15-15068.

United States Court of Appeals, Eleventh Circuit.

October 18, 2017

Scott Gavin Direct, Capital Collateral Regional Counsel—South, Fort Lauderdale, FL, Todd Gerald Scher, Law Office of Todd G. Scher, PL, Dania Beach, FL, for Petitioner–Appellant.

Stephen D. Ake, Attorney General's Office–Criminal Division, Tampa, FL, for Respondent–Appellee.

Before HULL, WILLIAM PRYOR, and MARTIN, Circuit Judges.

HULL, Circuit Judge:

Florida death row inmate Anton Krawczuk appeals the district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. At issue is Krawczuk's claim that his counsel rendered ineffective assistance in the investigation and presentation of mitigation evidence during his penalty phase proceedings. After review and with the benefit of oral argument, we conclude that the state court's denial of Krawczuk's ineffective trial counsel claim was not contrary to, or an unreasonable application of, clearly established federal law, nor was it based on an unreasonable determination of the facts. Accordingly, we affirm the district court's denial of Krawczuk's § 2254 petition.

I. BACKGROUND

We first recount the evidence and procedural history.

A. Murder and Robbery

On September 12, 1990, Krawczuk and his roommate Billy Poirier brutally murdered and robbed David Staker. Krawczuk v. State, 634 So.2d 1070, 1071 (Fla. 1994) (" Krawczuk I"). Both Krawczuk and Poirier, who shared a home in Lee County, Florida, were sexually involved with Staker during the months leading up to the murder. Id. Krawczuk and Poirier planned the murder and robbery three or four days in advance, arranging to carry out the crimes while visiting Staker at his home. Id.

The night of the murder, Krawczuk and Poirier went together to Staker's home. Id. They brought gloves with them to use while carrying out the murder and parked their vehicle some distance away from the victim's house. After the three men watched television in the living room for twenty to thirty minutes, Krawczuk suggested that they go to the bedroom. Id.

After a series of other events in the bedroom, Krawczuk retrieved his gloves, began acting aggressively, and proceeded to choke Staker with both hands. Id. Meanwhile, Poirier assisted by holding Staker's mouth shut and pinching his nose closed. Id. Staker fought back and even tried to hit Krawczuk with a lamp, but Poirier was able to overtake Staker and wrestle the lamp away. Id. After almost ten minutes, Staker relented. See id. Believing that Staker might be "faking it," however, Krawczuk twice poured drain cleaner and water into Staker's mouth until it overflowed. Id. Poirier then stuffed a washcloth into Staker's mouth and covered it with tape. Id. Krawczuk then bound Staker's ankles, and the assailants deposited the body in the bathtub. Id. It was later determined that Staker died of asphyxia and strangulation.

In accordance with their established plan, Krawczuk and Poirier then stole a number of Staker's possessions, including television sets, stereo equipment, a video recorder, five rifles, and a pistol. Id. They loaded these items into Staker's pickup truck, along with Staker's body, and drove to the home of Gary Sigelmier, who bought some of the stolen items and agreed to store the rest. Id. at 1071–72. Krawczuk and Poirier then loaded Staker's body into their own vehicle, abandoned Staker's pickup truck, and drove to a rural area, which Krawczuk had scouted before the murder, to dump Staker's body. Id. at 1072. They discarded Staker's body in the woods and left. Id.

B. Investigation, Confession, and Indictment

In the days following the murder, Staker's employer noticed that Staker had not shown up for work or picked up his paycheck. Id. at 1071. She went looking for Staker at his home, where she found the door open and what looked like the scene of a robbery. Id. She immediately contacted Lee County authorities. Id.

On September 13, 1990, authorities found a body, later identified as Staker's, in a wooded area in Charlotte County, Florida. Id. Later that month, Sigelmier reported to the Charlotte County Sheriff's office that he bought property stolen from Staker's home and that he had acquired it from Krawczuk and Poirier. Id.

On September 18, 1990, sheriff's deputies from Lee County and Charlotte County went to Krawczuk and Poirier's home and took both men into custody. Id. at 1071–72. After waiving his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), Krawczuk confessed to Staker's murder. Krawczuk I, 634 So.2d at 1072.

On October 3, 1990, a grand jury indicted Krawczuk and Poirier for (1) first degree premeditated murder, (2) first degree felony murder, and (3) robbery.¹

C. LeGrande's Letter Regarding Aggravation and Mitigation

On March 8, 1991, Krawczuk's appointed trial counsel, Barbara LeGrande,² wrote a letter to Krawczuk explaining the importance of aggravating and mitigating circumstances in a capital case. She informed Krawczuk that she had reviewed his military records and had provided them to Dr. Richard C. Keown, who conducted a psychiatric evaluation of Krawczuk. In her letter, LeGrande included a list of all the statutory aggravating and mitigating factors that would be considered by the jury and judge in determining whether to sentence Krawczuk to death.

In her letter, LeGrande predicted the five aggravating factors the State would try to prove and evaluated the likelihood that the State would succeed in proving each one. LeGrande identified five mitigating factors that she intended to prove on Krawczuk's behalf and explained that proving most of them would require Krawczuk to testify at trial. She explained to Krawczuk that facts—including pre-planning the murder, pouring drain cleaner down the victim's throat, and hiding the body—would probably cause the jury to return a recommendation of death.

D. Dr. Keown's Psychiatric Evaluation and Report

During the pretrial proceedings, counsel LeGrande sought funds for a psychiatric evaluation to determine both Krawczuk's sanity at the time of the evaluation and his mental state at the time of Staker's murder. The state trial court granted Krawczuk's motion and ordered an examination by Dr. Keown, who prepared a psychiatric report of his findings.

In his April 9, 1991 report, Dr. Keown summarized Krawczuk's brief history of mental health treatment. When Krawczuk was eleven or twelve years old, he attended court-ordered counseling because of his tendency to get into trouble and run away from home. Later, during his time serving as a United States Marine, Krawczuk was referred to a military psychiatrist because of Krawczuk's "apathetic and disinterested attitude about marine life, suicidal intentions, and conflicts with military life." Dr. Keown's report noted that though the military psychiatrist identified no evidence of neurosis, psychosis, brain syndrome, or homicidal or suicidal thoughts, she did find that Krawczuk suffered from a mixed personality disorder and exhibited traits like immaturity, passive-aggressiveness, and antisocial personality patterns. LeGrande had forwarded a copy of Krawczuk's military records to Dr. Keown. Dr. Keown's report highlighted that Krawczuk was "of at least average intelligence with no significant cognitive deficits."

As to Krawczuk's family history, Dr. Keown noted that Krawczuk had no meaningful relationship with his father, that his mother was physically and verbally abusive, and that his stepfather often beat him. Krawczuk told Dr. Keown that his poor family life drove him to misbehavior, truancy, and even criminal activity.

While serving in the Marines, Krawczuk was (1) disciplined for fighting and misusing military equipment, (2) was court martialed for being away without leave, and (3) served six months in military confinement. Krawczuk eventually received an administrative separation from his military service. Krawczuk also explained to Dr. Keown that "he would rather have death than twenty-five years in jail" if he was found guilty.

Ultimately, Dr. Keown found that Krawczuk suffered from mild depressive symptoms but did not require medication. Dr. Keown concluded that Krawczuk was competent to stand trial and was sane at the time of Staker's murder. By May 8, 1991, Krawczuk had received Dr. Keown's report from LeGrande.

E. Pretrial Motion to Suppress Confession

On July 8, 1991, Krawczuk filed a motion to suppress his confession, which the state trial court denied. Id. The state trial court determined that Krawczuk's confession was admissible because it was given voluntarily after he was advised of, and waived, his Miranda rights. Id.

F. Change of Plea Hearing and Guilty Plea

On September 27, 1991, Krawczuk informed the state trial court that he intended to plead guilty to all three counts in the indictment—first degree premeditated murder, first degree felony murder, and robbery—and requested the death penalty. Id. The state trial court held a hearing on Krawczuk's change of plea.

At the outset, Krawczuk informed the state trial court that he was prescribed Elavil because he became increasingly nervous in the days leading up to the trial and the medication had a calming effect to help him sleep. Id. at 1073. Krawczuk took this medication the day of the hearing, but he could not feel its effects and, at any rate, it did not prevent him from making a reasoned decision about his plea. Krawczuk stated that he otherwise had never suffered from mental illness before.

During the plea colloquy, Krawczuk indicated that he understood that an adjudication of guilt for murder could result in imposition of the death penalty. Krawczuk acknowledged his understanding that the proceedings would include a penalty phase to determine whether death would be an appropriate sentence. The state trial court explained to Krawczuk that he was entitled to...