Anderson v. State

• Decision Date: 20 November 2018
• Docket Number: No. SC 96548,SC 96548
• Citation: 564 S.W.3d 592
• Parties: Terrance ANDERSON, Appellant, v. STATE of Missouri, Respondent.
• Court: Missouri Supreme Court

564 S.W.3d 592

Terrance ANDERSON, Appellant,

v.STATE of Missouri, Respondent.

No. SC 96548

Supreme Court of Missouri, en banc.

Opinion issued November 20, 2018

Rehearing Denied January 29, 2019

Anderson was represented by William J. Swift and Valerie Sue Leftwich of the public defender’s office in Columbia, (573) 777-9977; and Jeannie Marie Willibey of the public defender’s office in Kansas City, (817) 889-7699.

The state was represented by Richard A. Starnes and Theodore A. Bruce of the attorney general’s office in Jefferson City, (573) 751-3321.

George W. Draper III, Judge

Terrance Anderson (hereinafter, "Movant") was convicted by a jury of two counts of first-degree murder in connection with the deaths of Stephen Rainwater (hereinafter, "Stephen") and Debbie Rainwater (hereinafter, "Debbie").¹ The circuit court adopted the jury’s recommendations and sentenced Movant to serve a life sentence without the possibility of parole for Stephen’s murder and sentenced him to death for Debbie’s murder. This Court affirmed Movant’s convictions.

This appeal concerns the motion court’s judgment overruling Movant’s Rule 29.15 motion after an evidentiary hearing. This Court has exclusive jurisdiction over this appeal because a death sentence was imposed. Mo. Const. art. V, sec. 10 ; see also Standing Order, June 16, 1988 (effective July 1, 1988). This Court affirms the motion court’s judgment.

Factual and Procedural History²

In February 1996, Movant began dating Stephen and Debbie’s daughter, Abbey. Abbey became pregnant with Movant’s child and gave birth to a daughter in April 1997. Shortly thereafter, Movant assaulted Abbey on two separate occasions. On July 25, 1997, Abbey told her parents about the assaults and obtained an ex parte order of protection against Movant. Abbey informed Movant of the ex parte order of protection and told him custody and visitation of their daughter would be arranged through the court. Movant obtained a gun from a friend and went to the Rainwaters' home. After kicking in the front door, Movant shot and killed Debbie, who was on her knees begging for her life while holding Movant’s daughter. Movant took his daughter from the home and confronted Stephen outside. Movant shot Stephen in the head while Movant held his daughter.

Prior to trial, the circuit court heard evidence regarding Movant’s mental competency to stand trial. Dr. Dorothy Lewis (hereinafter, "Dr. Lewis") examined Movant and testified by deposition. Dr. Lewis stated Movant was extremely paranoid, delusional, and had signs of dissociation. Dr. Lewis testified Movant did not trust his attorneys because he was convinced he did not shoot Debbie; hence, Movant believed any work trial counsel performed concerning that charge consisted of a conspiracy to frame him. Dr. Lewis opined Movant lacked an appreciation of the meaning of the evidence against him and was unable to assist in his defense. The circuit court determined Movant was competent to proceed.

During the guilt phase, Movant presented testimony from a neurologist who opined Movant had neurological problems at the time of the murders because his frontal lobe and parietal lobe were not working properly, and he was depressed. Larry Woods (hereinafter, "Woods"), an investigator with the public defender’s office, testified about Movant’s troubling behavior when Woods attempted to interview him for public defender services shortly after the murders. Movant also presented deposition testimony from Dr. Lewis regarding his mental state at the time of the murders, which echoed her testimony regarding his competence. Dr. Lewis stated Movant told her it was "absolutely impossible" he shot Debbie. Dr. Lewis further stated Movant told her there were things that happened in his home and during his childhood he could not reveal. The jury found Movant guilty on both counts of first-degree murder.

In an attempt to mitigate punishment during the penalty phase, Movant presented testimony from five witnesses including Movant’s sister and his stepfather, Robert Smith (hereinafter, "Smith"). Smith testified he raised Movant from the time he was ten months old and did not want Movant to know the identity of his biological father. Smith described coaching Movant’s little league team and attending Movant’s high school basketball games. Smith also testified about how Movant broke his leg when he was five years old after being struck by a car.

The jury recommended Movant receive a life sentence without the possibility of parole for Stephen’s murder and a death sentence for Debbie’s murder. The circuit court imposed the sentences the jury recommended.

Movant appealed. Appellate counsel raised nine claims of error, but did not include a claim requesting proportionality review. This Court affirmed the circuit court’s judgment and conducted an independent proportionality review as mandated by section 565.035.3, RSMo 2000.³ State v. Anderson , 79 S.W.3d 420 (Mo. banc 2002) (" Anderson I ").

Movant sought post-conviction relief pursuant to Rule 29.15. The motion court overruled Movant’s motion after an evidentiary hearing. This Court affirmed the motion court’s judgment with respect to the guilt phase ineffective assistance of counsel claims. This Court reversed the judgment due to trial counsel’s failure to strike during voir dire a juror who indicated he would vote for a death sentence unless the defense could convince him otherwise. This Court remanded the case so Movant could receive a new penalty phase trial for Debbie’s murder. Anderson v. State , 196 S.W.3d 28 (Mo. banc 2006) (" Anderson II ").

During the penalty phase retrial in November 2008, Movant was represented by Sharon Turlington (hereinafter, "Turlington") and Beth Davis-Kerry (hereinafter, "Davis-Kerry" and, collectively, "trial counsel"). During one of the state’s witnesses' testimony relaying how Debbie was shot, Movant stated to trial counsel the witness "was lying and I really remember what happened and you know it wasn't like that at all." Trial counsel spoke with Movant later that evening, and he reiterated he always remembered shooting Debbie.

Trial counsel intended to present testimony from Dr. William Holcomb (hereinafter, "Dr. Holcomb"), a forensic psychologist, regarding Movant’s mental state, but chose not to do so after learning Movant remembered shooting Debbie. Instead, trial counsel presented testimony from Movant’s high school classmates, teammates, and basketball coaches who testified about his nonviolent nature and how shocked they were upon hearing Movant committed the murders. Movant’s mother, Linda, his stepsister, Deborah, and Smith testified about their home life and Movant’s upbringing. Smith repeated his testimony from Anderson I , including how Smith did not discuss Movant’s biological father because they "had a good family and a good relationship."

Movant testified after the circuit court advised him of his rights and offered Movant additional time to confer with trial counsel. Movant stated he chose to testify because he wanted everyone to know what happened the night of the murders because he owed it to the Rainwater family. Movant discussed the events leading up to the murders, including ex parte orders of protection Debbie obtained against Movant before his daughter was born and the one Abbey obtained prior to the murders. Movant presented a different version of events regarding the murders, which conflicted with other witnesses and some of the forensic evidence. Movant expressed remorse for the murders. After the penalty phase retrial, Movant was sentenced to death for Debbie’s murder.

Movant appealed. Appellate counsel raised several claims of error, but failed to raise a claim requesting proportionality review. This Court affirmed the circuit court’s judgment and conducted an independent proportionality review pursuant to section 565.035.3. State v. Anderson , 306 S.W.3d 529 (Mo. banc 2010) (" Anderson III "). After this Court issued its opinion, appellate counsel filed a motion for rehearing urging this Court to withdraw its opinion and allow further consideration of the proportionality issue in light of this Court’s then-recent opinion in State v. Deck , 303 S.W.3d 527 (Mo. banc 2010). This Court overruled Movant’s motion for rehearing.

Movant filed a subsequent motion for post-conviction relief, alleging several claims of ineffective assistance of trial and appellate counsel for their performance during the penalty phase retrial. The judge who presided over all of Movant’s previous proceedings, overruled Movant’s motion to recuse him for cause. Movant presented evidence from several witnesses, including Woods, Turlington, Davis-Kerry, and additional deposition testimony from Dr. Lewis. The motion court overruled Movant’s post-conviction relief motion.

Movant appealed, arguing inter alia , the judge should have recused himself because he relayed comments the jury foreperson stated to him after the first penalty phase trial explaining why the jury recommended a death sentence for Debbie’s murder. The judge also distributed to the attorneys a copy of a 2004 New Yorker article regarding Dr. Lewis, stating the article showed she was a "frequent flyer" with the public defender system and was "not believable." This Court held these actions created an appearance of impropriety and required the judge to recuse himself. This Court reversed the motion court’s judgment and remanded the case for further proceedings. Anderson v. State , 402 S.W.3d 86 (Mo. banc 2013) (" Anderson IV ").

A new judge was assigned to preside over the evidentiary hearing on remand. The motion court took judicial notice of the trial transcript from Anderson I , the transcripts and evidence from Anderson II and Anderson III , and the transcript from Anderson IV , along with other exhibits concerning witnesses who testified previously, but were unavailable for the current hearing. After hearing additional live testimony on Movant’s behalf, the motion court...