Austin v. Bell

• Decision Date: 26 January 1996
• Docket Number: No. 3:86-0293.,3:86-0293.
• Citation: 938 F. Supp. 1308
• Parties: Richard H. AUSTIN v. Ricky BELL, Warden.
• Court: U.S. District Court — Middle District of Tennessee

938 F. Supp. 1308

Richard H. AUSTIN v. Ricky BELL, Warden.

No. 3:86-0293.

United States District Court, M.D. Tennessee, Nashville Division.

January 26, 1996.

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Larry D. Woods, Michelle Denise Collins, Nashville, TN, for petitioner.

Glenn Richard Pruden, Office of the Attorney General, Nashville, TN, for respondent.

MEMORANDUM

JOHN T. NIXON, Chief Judge.

Pending before the Court in the abovestyled case is Petitioner's Motion for Summary Judgment (Doc. No. 146). Petitioner Austin asserts that there are no issues of material fact and that he is entitled to judgment as a matter of law. Petitioner moves this Court to issue the writ of habeas corpus unless the State grants him a new trial at which the State is required to prove its case beyond a reasonable doubt, the jury is required to decide the case on its factual merits, and Mr. Austin is sentenced in a manner consistent with the law.

For the reasons stated below, the Court partially grants Petitioner's motion for summary judgment. The Court grants Petitioner's motion with respect to his claims regarding constitutional defects in the jury instructions and ineffective assistance of counsel.

I. BACKGROUND

Petitioner Richard Austin was indicted and tried in October, 1977 under a two count indictment. Petitioner was charged with murder in the first degree and with acting as an accessory before the fact to the offense of murder in the first degree. The jury determined that Petitioner hired an another man to kill Julian Watkins and that Petitioner was thus guilty as an accessory before the fact to murder in the first degree. The jury imposed the death penalty.

Petitioner asserts that he is entitled to summary judgment and a writ of habeas corpus with respect to six claims. First, Petitioner asserts that the false testimony of Terry Casteel and the state's failure to disclose that false testimony violated Petitioner's right to a fair trial and due process under the Sixth and Fourteenth Amendments. Second, Petitioner claims that he was denied his right to a fair trial and due process because the judge presiding over his murder trial had prosecuted him previously and demonstrated actual bias against him. Third, Petitioner argues that the jury instructions at his trial were defective and inadequate for two reasons: (a) the "reasonable doubt" jury instruction permitted the jury to find guilt based on an unconstitutionally small amount of proof; (b) the jury charge concerning unanimity was misleading to a constitutionally significant degree. Fourth, Petitioner claims that his attorney, Robert Livingston, rendered ineffective assistance of counsel in violation of Petitioner's rights under the Sixth and Fourteenth Amendments. Fifth, Petitioner argues that the Tennessee Supreme Court failed to engage in any meaningful review of his death sentence for arbitrariness and disproportionality, violating Petitioner's Eighth and Fourteenth Amendment rights by leaving intact an unconstitutionally arbitrary and excessive sentence. Sixth, Petitioner claims that the trial court unconstitutionally engaged in "double counting," barred by State v. Middlebrooks, 840 S.W.2d 317 (Tenn.1992), by using the same proof at the guilt stage of his trial as at the sentencing stage of his trial.

Based on a review of the record in the case and the evidentiary hearing, the Court rules in favor of Petitioner with respect to (1) Petitioner's claims regarding constitutional defects in the jury instructions and (2) Petitioner's claim of ineffective assistance of counsel. The Court rules against Petitioner with respect to (1) Petitioner's claim that the allegedly false testimony of Terry Casteel and the state's alleged failure to disclose it violated Petitioner's right to a fair trial and due process under the Sixth and Fourteenth Amendments; (2) Petitioner's claim that Judge Beasley was biased against Petitioner; (3) Petitioner's claim that the trial judge failed to meaningfully review Petitioner's sentence for arbitrariness and disproportionality; and (4) Petitioner's claim that the trial court violated the principles set forth in State v. Middlebrooks, 840 S.W.2d 317 (Tenn.1992).

II. STANDARD OF REVIEW

Rule 56(c) of the Federal Rules of Civil Procedure provides in part that summary judgment "shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c).

The Advisory Committee for the Federal Rules has noted that "the very mission of the summary judgment procedure is to pierce the pleadings and to assess the proof in order to see whether there is a genuine need for trial." Advisory Committee Notes on Rule 56, Federal Civil Judicial Procedure and Rules (West Ed.1990).

An alleged factual dispute existing between the parties is not sufficient to defeat a properly supported summary judgment motion; there must be a genuine issue of material fact. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). The substantive law involved in the case will underscore which facts are material and only disputes over outcome determinative facts will bar a grant of summary judgment. Id., 477 U.S. at 248, 106 S.Ct. at 2510.

While the moving party bears the initial burden of proof for its motion, the party that opposes the motion has the burden to come forth with sufficient proof to support its claim, particularly when that party has had an opportunity to conduct discovery. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). It is true, however, that "in ruling on a motion for summary judgment, the court must construe the evidence in its most favorable light in favor of the party opposing the motion and against the movant. Further, the papers supporting the movant are closely scrutinized, whereas the opponent's are indulgently treated." Bohn Aluminum & Brass Corp. v. Storm King Corp., 303 F.2d 425, 427 (6th Cir.1962) (citations omitted).

To determine if a summary judgment motion should be granted, the court should use the standard it would apply to a motion for a directed verdict under Rule 50(a) of the Federal Rules of Civil Procedure. Anderson, 477 U.S. at 250, 106 S.Ct. at 2511. The court must determine that a reasonable jury would be unable to return a verdict for the non-moving party in order to enter summary judgment. Id., 477 U.S. at 249, 106 S.Ct. at 2511. Thus, "where the record taken as a whole could not lead a rational trier of fact to find for the non-moving party, there is no `genuine issue for trial.'" Street v. J.C. Bradford & Co., 886 F.2d 1472, 1478 (6th Cir.1989) (citations omitted).

III. DISCUSSION

In construing the evidence in the light most favorable to the party opposing summary judgment, as required under Bohn Aluminum & Brass Corp., 303 F.2d at 427, the Court finds that there are no genuine issues of material fact with respect to Petitioner's claims. For the reasons discussed below, the Court partially grants Petitioner's motion for summary judgment.

A. Terry Casteel's Testimony and the Alleged Violations of Petitioner's Sixth and Fourteenth Amendment Rights

The Court rejects Petitioner's claim that he was denied his Sixth and Fourteenth Amendment rights because of false testimony by Terry Casteel and the State's failure to disclose that false testimony. Petitioner claims that the State failed to disclose evidence of a promise of leniency to Terry Casteel, failed to correct Mr. Casteel's false testimony regarding that promise of leniency, and failed to reveal to the defense a prior inconsistent statement that Mr. Casteel made to police investigators.

1. Alleged Giglio Violation

Petitioner claims that there was a secret "deal" or "deal to make a deal" between the State and Terry Casteel, which tainted Mr. Casteel's testimony and of which the jury was not informed. The existence of a deal would have violated the principles set forth in Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972). Petitioner asserts that when Mr. Casteel denied the existence of such a deal at Mr. Austin's trial, Addendum 1, Vol. VII, at 492-93, Mr. Casteel committed perjury, and State should have corrected Mr. Casteel's misrepresentation. Petitioner cites to deposition testimony of Mr. Casteel, former Assistant District Attorney General Richard McNeese, former District Attorney General Hugh Stanton and others in support of his claim that a deal existed.

It is fundamental that the State may not use false testimony to obtain a conviction against a criminal defendant. See Giglio v. United States, 405 U.S. 150, 153, 92 S.Ct. 763, 766, 31 L.Ed.2d 104 (1972); Mooney v. Holohan, 294 U.S. 103, 112, 55 S.Ct. 340, 342, 79 L.Ed. 791 (1935). The same prohibition exists when "the State, although not soliciting false testimony, allows it to go uncorrected when it appears." Giglio, 405 U.S. at 153, 92 S.Ct. at 766 (quoting Napue v. Illinois, 360 U.S. 264, 269, 79 S.Ct. 1173, 1177, 3 L.Ed.2d 1217 (1959)). See Groseclose v. Bell, 895 F.Supp. 935 (M.D.Tenn.1995); Rickman v. Dutton, 864 F.Supp. 686 (M.D.Tenn.1994). See also Bragan v. Morgan, 791 F.Supp. 704, 713 (M.D.Tenn.1992) (relief available where witness, "although not technically committing perjury, left the jury with a materially false impression"). Moreover, if the State suppresses evidence favorable to an accused, due process is violated "where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution." Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 1196-97, 10 L.Ed.2d 215 (1963).

When a witness testifies against a codefendant, evidence of any deal with the...