Smith v. Aldridge
Citation | 904 F.3d 874 |
Decision Date | 17 September 2018 |
Docket Number | No. 17-6149,17-6149 |
Parties | Raye Dawn SMITH, Petitioner - Appellant, v. Debbie ALDRIDGE, Warden, Respondent - Appellee. |
Court | United States Courts of Appeals. United States Court of Appeals (10th Circuit) |
Stephen Jones, Jones, Otjen, Davis & Bloyd, Enid, Oklahoma, for Petitioner-Appellant.
Theodore M. Peeper, Assistant Attorney General (Mike Hunter, Attorney General of Oklahoma, with him on the brief), Office of the Oklahoma Attorney General, Oklahoma City, Oklahoma, for Respondent-Appellee.
Before TYMKOVICH, Chief Judge, BALDOCK, and HOLMES, Circuit Judges.
Oklahoma charged Raye Dawn Smith with several child abuse charges stemming from the death of her two-year-old daughter, Kelsey, who died from blunt force trauma to the abdomen. Kelsey’s death, and Smith’s subsequent trial, generated substantial public interest and publicity. In the end, a jury convicted Smith of enabling child abuse.
After her conviction, Smith moved for a new trial based on claims of juror misconduct and jurors’ exposure to information outside the courtroom. In support, Smith produced two affidavits from individuals who had attended the trial. Both alleged several jurors slept during the trial, and one juror slept continuously. Smith also claimed jurors were exposed to extraneous outside-the-court publicity about the trial that tainted the verdict. The trial court denied the motion. In ruling on the motion, the trial judge asserted he closely watched the jury and did not see a juror continuously sleeping.
Smith then appealed to the Oklahoma Court of Criminal Appeals (OCCA), raising numerous claims. She also requested an evidentiary hearing on a variety of issues, including her claims related to juror misconduct. The OCCA granted the request in part. But the OCCA refused to hold a hearing on the sleeping-juror allegations because it concluded the trial judge’s statement that no juror slept throughout the trial adequately refuted the allegations to the contrary in the affidavits Smith submitted. Ultimately, the OCCA denied relief on all of Smith’s claims.
Smith now seeks a writ of habeas corpus in federal court under 28 U.S.C. § 2254, advancing three primary arguments. She bases the first two on allegations that a juror slept throughout the duration of her trial. First, Smith claims this violated her constitutional rights to an impartial jury and due process. Second, Smith argues her counsel performed ineffectively by failing to bring the sleeping juror to the court’s attention. Finally, Smith asserts the jury’s improper exposure to outside information also violated her constitutional rights to an impartial jury and due process.
The district court denied Smith’s petition. We AFFIRM . The OCCA did not base its denial of Smith’s claims on an unreasonable determination of the facts. And Smith does not argue the OCCA’s opinion was contrary to, or unreasonably applied, clearly established federal law. Accordingly, the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) forbids us from granting relief.
We begin with the facts of the crime and the relevant procedural history.
Raye Dawn Smith’s two-year-old daughter, Kelsey, died in October 2005 from blunt force trauma to the abdomen. The medical examiner considered the death a homicide. Eventually, Oklahoma charged Smith with child abuse or, alternatively, enabling child abuse by injury.
Kelsey’s death—and Smith’s subsequent indictment, trial, and conviction—garnered great public attention and immense media coverage. This was due in part to the family of Kelsey’s father starting a website entitled "Kelsey’s Purpose." The site aimed to "seek justice" for Kelsey’s killer, and it all but accused Smith of causing the child’s death. App. at 529. Indeed, the site prominently featured allegations of abuse against Smith.
Because of the widespread public interest in the case, Smith moved to change the trial’s venue. The court granted the request and moved the trial to an adjacent county. This change of venue did not, however, altogether eliminate the media’s laser-like focus on the case. Indeed, many members of the media attended Smith’s trial, personally watching the proceedings and then providing on-camera updates outside the courthouse.
After an eight-day trial, the jury convicted Smith of one count of enabling child abuse. In accordance with the jury’s recommendation, the court sentenced her to 27 years’ imprisonment.
After sentencing, Smith moved for a new trial in the state district court. She alleged numerous errors, including that jurors’ failure to stay awake throughout the trial prejudiced her defense. In support, Smith attached two affidavits from individuals who attended the trial. Both claimed they saw multiple jurors sleeping during Smith’s trial, including one female juror who slept continuously.
The trial court denied the motion. In doing so, it expressly rejected the allegation jurors slept during trial:
Smith then appealed to the OCCA, raising a number of claims. She also requested an evidentiary hearing on various issues, some of which related to her claims of juror misconduct. To support her contention a juror slept throughout the trial, Smith submitted affidavits from five jurors. In four of the affidavits, jurors alleged that one of their fellow jurors, L.E., continuously slept during trial. The fifth and final affidavit was from juror L.E. herself. She admitted that "[d]uring the trial, [she] continually fell asleep and the woman next to [her] was told to nudge [her] to keep [her] awake." App. at 442. L.E. stated the reason she kept falling asleep was her low potassium levels. Though she had a prescription for potassium to prevent this very problem, L.E. claimed she "never c[ould] remember to take it." Id.
The OCCA granted Smith’s request for an evidentiary hearing in part, but not for the purpose of determining if a juror actually slept throughout the trial.1 After the evidentiary hearing, the OCCA denied relief on all of Smith’s claims.
Next, Smith filed a petition for habeas relief pursuant to 28 U.S.C. § 2254, arguing she was entitled to relief for many reasons. The district court denied the petition. But the court granted Smith two certificates of appealability (COA). The first addresses whether juror misconduct deprived Smith of her constitutional rights to an impartial jury and due process. More precisely, the district court granted a COA on whether jurors engaged in misconduct in two ways: by sleeping continuously during trial, and by being prejudicially exposed to outside information. The second COA addresses whether Smith’s trial counsel performed ineffectively by failing to object to the supposedly sleeping juror.
On appeals from the denial of a petition for habeas corpus, we review the district court’s legal analysis de novo and its factual findings for clear error. Smith v. Duckworth , 824 F.3d 1233, 1241–42 (10th Cir. 2016). But Congress has sharply limited our review of state court decisions. When a state court adjudicates a petitioner’s claim on the merits, AEDPA bars us from granting relief except in two narrow circumstances.
First, we can grant relief if the state court’s decision was contrary to, or an unreasonable application of, clearly established federal law the Supreme Court established. See 28 U.S.C. § 2254(d)(1).
Second, we can grant relief if the state court’s decision "was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceedings." Id. § 2254(d)(2). Section 2254(d)(2) imposes "a daunting standard" for two primary reasons. Byrd v. Workman , 645 F.3d 1159, 1172 (10th Cir. 2011). To start with, the state court’s factual determination must be "objectively unreasonable." Miller-El v. Cockrell , 537 U.S. 322, 340, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). This is a high hurdle to clear. Indeed, that we think a state court’s factual determination was incorrect—or, put differently, that we would have made a different determination ourselves in the first instance—does not render the state court’s determination objectively unreasonable. See Brumfield v. Cain , ––– U.S. ––––, 135 S.Ct. 2269, 2277, 192 L.Ed.2d 356 (2015). Rather, a factual determination only qualifies as unreasonable under § 2254(d)(2) if all "[r]easonable minds reviewing the record" would agree it was incorrect. Brumfield v. Cain , ––– U.S. ––––, 135 S.Ct. 2269, 2277, 192 L.Ed.2d 356 (2015). Making matters more difficult, it is not sufficient to show the state court’s decision merely included an unreasonable factual determination. Instead, by its terms § 2254(d)(2) only empowers federal courts to grant relief if the state court’s decision was "based on an...
To continue reading
Request your trial-
Menzies v. Powell
... ... state court's factual findings, ... the petitioner must show that the findings are objectively ... unreasonable. Smith v. Aldridge , 904 F.3d 874, 880 ... (10th Cir. 2018) ... If the ... state's highest court acted unreasonably in ... ...
-
Simpson v. Carpenter
...habeas review "is ‘limited to the record that was before the state court that adjudicated the claim on the merits.’ " Smith v. Aldridge , 904 F.3d 874, 886 (10th Cir. 2018) (quoting Pinholster , 563 U.S. at 181, 131 S.Ct. 1388 ). As a result, "we can only order evidentiary hearings if the p......
-
Menzies v. Powell
... ... state court's factual findings, ... the petitioner must show that the findings are objectively ... unreasonable. Smith v. Aldridge , 904 F.3d 874, 880 ... (10th Cir. 2018) ... If the ... state's highest court acted unreasonably in ... ...
-
Harris v. Sharp
...the state appellate court's factual findings, the petitioner must show that they are objectively unreasonable. Smith v. Aldridge , 904 F.3d 874, 880 (10th Cir. 2018).If the state's highest court acted unreasonably in applying Supreme Court precedent or finding facts, the district court must......
-
Review Proceedings
...to state court’s reasonable application of federal law to remove juror who consulted dictionary during deliberations); Smith v. Aldridge, 904 F.3d 874, 888 (10th Cir. 2017) (presumption of correctness accorded to state court’s determination that jury’s exposure to public not prejudicial); T......
-
Misconduct
...whether there had been potential prejudice as a result of the foreperson’s observation of one of the plaintiffs. Smith v. Aldridge , 904 F.3d 874, 881 (10th Cir. 2018). That a juror slept at some point during trial does not automatically entitle a criminal defendant to relief; instead, juro......
-
Trials
...court only empaneled jurors who promised impartiality and “repeatedly admonished [jurors] to avoid media coverage”); Smith v. Aldridge, 904 F.3d 874, 888 (10th Cir. 2018) (no actual prejudice despite heightened publicity and 3 seated jurors having heard of case because court granted venue t......