Barnhill v. State

• Decision Date: 25 October 2007
• Docket Number: No. SC06-275.,No. SC06-1803.,SC06-1803.,SC06-275.
• Citation: 971 So.2d 106
• Parties: Arthur BARNHILL, III, Appellant, v. STATE of Florida, Appellee. Arthur Barnhill, III, Petitioner, v. James R. McDonough, etc., Respondent.
• Court: Florida Supreme Court

971 So.2d 106

Arthur BARNHILL, III, Appellant, v. STATE of Florida, Appellee.

Arthur Barnhill, III, Petitioner, v. James R. McDonough, etc., Respondent.

No. SC06-1803.

No. SC06-275.

Supreme Court of Florida.

October 25, 2007.

Rehearing Denied December 13, 2007.

Bill Jennings, Capital Collateral Regional Counsel, and Robert T. Strain, Assistant CCRC — Middle Region, Tampa, FL, for Appellant/Petitioner.

Bill McCollum, Attorney General, Tallahassee, FL, and Barbara C. Davis, Assistant Attorney General, Daytona Beach, FL, for Appellee/Respondent.

PER CURIAM.

Arthur Barnhill, III appeals an order of the circuit court denying his motion to vacate his conviction of first-degree murder and sentence of death filed under Florida Rule of Criminal Procedure 3.851. He also petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. For the reasons that follow we affirm the trial court's order denying postconviction relief and deny the petition for a writ of habeas corpus.

FACTS AND PROCEDURAL HISTORY

On direct appeal, this Court summarized the facts in this case as follows:

Arthur Barnhill, III, (Barnhill) was raised by his grandparents after his mother essentially abandoned him and his father was imprisoned. When he was 20 years of age, Barnhills grandparents asked him to leave the house because Barnhill did not follow their rules. He went to live with the family of his friend, Michael Jackson, a codefendant in this case. He lived with the Jacksons for approximately two weeks before he was asked to leave their home as well. Barnhill decided to go to New York, where his girlfriend lived. To get there, Barnhill planned to steal a car and money from Earl Gallipeau, who was 84 years old. Gallipeau was a lawn service customer of Barnhills grandfather. Barnhill and Gallipeau met when Barnhill did lawn work for his grandfather at Gallipeaus house.

On Sunday, August 6, 1995, Barnhill and Michael Jackson walked to Gallipeaus house to steal Gallipeaus car. They entered the house through the garage and waited in the kitchen for approximately two hours. Gallipeau was in another room watching television. According to Michael Jackson, it was not until they were in Gallipeaus kitchen that Barnhill revealed his plan to kill Gallipeau before taking the car. At that point, Jackson abandoned the enterprise and left. At least one witness saw Michael Jackson walking alone in Gallipeaus neighborhood away from Gallipeaus house.

When Gallipeau got up from watching television and went into the kitchen, Barnhill ambushed him and attempted to strangle him. When the attempt failed, Barnhill got a towel to use as a ligature around Gallipeaus neck. The second attempt was unsuccessful, so Barnhill removed Gallipeaus belt from around his waist and wrapped it around Gallipeaus neck four times, breaking Gallipeaus neck and killing him. Barnhill then dragged Gallipeau through the house to a back bedroom and left him there.

Barnhill took Gallipeaus money, wallet, keys, and car, and eventually met Jelani Jackson, Michael Jacksons brother. Barnhill and Jelani Jackson drove to New York and Barnhill went to his girlfriends apartment. Shortly thereafter, New York police located Gallipeaus vehicle, found Barnhill, and arrested him on an old warrant.

Barnhill told police that he was at Gallipeaus house with Jelani Jackson, but that Jelani Jackson actually killed Gallipeau and he only held Gallipeaus hands down to help. This, Barnhill indicated, explained the presence of Gallipeaus blood on his shirt. Barnhill filed a motion to suppress his statement to police and evidence obtained during his arrest, which the trial court denied. Within ten days after the suppression hearing, defense counsel requested a competency hearing for Barnhill. After counsel requested the competency hearing, he filed a motion to disqualify the trial judge based on certain comments made at the suppression hearing. The trial judge denied the motion to disqualify. Barnhill thereafter entered pleas of no contest to first-degree murder, burglary of a dwelling while armed, armed robbery, and grand theft. The trial court made a finding of guilt as to each charge.¹

Barnhill v. State, 834 So.2d 836, 840-41 (Fla.2002).

The case proceeded to the penalty phase where both aggravating and mitigating evidence was presented. The jury recommended death by a vote of nine to three. After a Spencer² hearing, the trial court sentenced Barnhill to death. On direct appeal, Barnhill raised seven issues. In affirming the conviction and sentence, this Court rejected all the arguments raised.

Barnhill filed a petition for writ of certiorari to the U.S. Supreme Court which was denied. See Barnhill v. Florida, 539 U.S. 917, 123 S.Ct. 2281, 156 L.Ed.2d 134 (2003). Barnhill filed a motion to vacate judgments of conviction and sentences on December 1, 2003, pursuant to Florida Rule Criminal Procedure 3.851. The motion was amended on February 16, 2004, and June 8, 2004. An evidentiary hearing was held on May 19 and 20, 2005. The witnesses at the hearing included Barnhill's trial attorneys Arthur Haft and second chair, Timothy Caudill; Delores Barnhill (Barnhill's grandmother); Arthur Barnhill, Jr. (Barnhill's father); Andrew Gruler (social worker); Dr. Bard Fisher (clinical forensic psychologist); Dr. Harry McClaren (clinical forensic psychologist); and Dr. Jeffrey Danziger (psychiatrist). The trial court denied the motion on January 12, 2006. Barnhill has appealed the denial to this Court, raising ten claims, and he has also filed a petition for writ of habeas corpus, raising one claim.

ANALYSIS

Rule 3.851 Claims

Ineffective Assistance of Counsel Claims

Following the United States Supreme Court's decision in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), this Court held that for ineffective assistance of counsel claims to be successful, two requirements must be satisfied: (1) the claimant must identify particular acts or omissions of the lawyer that are shown to be outside the broad range of reasonably competent performance under prevailing professional standards, and (2) the clear, substantial deficiency shown must further be demonstrated to have so affected the fairness and reliability of the proceeding that confidence in the outcome is undermined. See Maxwell v. Wainwright, 490 So.2d 927, 932 (Fla.1986).

As to the first prong, the defendant must establish that "counsel made errors so serious that counsel was not functioning as the `counsel' guaranteed the defendant by the Sixth Amendment." Strickland, 466 U.S. at 687, 104 S.Ct. 2052; see also Cherry v. State, 659 So.2d 1069, 1072 (Fla.1995). For the second prong, the reviewing court must determine whether there is a reasonable probability that, but for the deficiency, the result of the proceeding would have been different. See Strickland, 466 U.S. at 695, 104 S.Ct. 2052; see also Valle v. State, 705 So.2d 1331, 1333 (Fla.1997). "Unless a defendant makes both showings, it cannot be said that the conviction or death sentence resulted from a breakdown in the adversary process that renders the result unreliable." Strickland, 466 U.S. at 687, 104 S.Ct. 2052.

A court considering a claim of ineffectiveness of trial counsel need not make a specific ruling on the performance component of the test when it is clear that the prejudice component is not satisfied. See Maxwell, 490 So.2d at 932. Additionally, where this Court previously has rejected a substantive claim on the merits, counsel cannot be deemed ineffective for failing to make a meritless argument. See Melendez v. State, 612 So.2d 1366, 1369 (Fla.1992).

Generally, this Court's standard of review following a denial of a postconviction claim where the trial court has conducted an evidentiary hearing affords deference to the trial court's factual findings. See McLin v. State, 827 So.2d 948, 954 n. 4 (Fla.2002). "As long as the trial court's findings are supported by competent substantial evidence, `this Court will not substitute its judgment for that of the trial court on questions of fact, likewise of the credibility of the witnesses as well as the weight to be given to the evidence by the trial court.'" Blanco v. State, 702 So.2d 1250, 1252 (Fla.1997) (quoting Demps v. State, 462 So.2d 1074, 1075 (Fla. 1984)). However, the circuit court's legal conclusions are reviewed de novo. See Sochor v. State, 883 So.2d 766, 771-72 (Fla.2004).

Additionally, there is a strong presumption that trial counsel's performance was not ineffective. See Strickland, 466 U.S. at 690, 104 S.Ct. 2052. A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel's challenged conduct, and to evaluate the conduct from counsel's perspective at the time. See id. at 689, 104 S.Ct. 2052; see also Rivera v. Dugger, 629 So.2d 105, 107 (Fla.1993). The defendant carries the burden to "overcome the presumption that, under the circumstances, the challenged action `might be considered sound trial strategy.'" Strickland, 466 U.S. at 689, 104 S.Ct. 2052 (quoting Michel v. Louisiana, 350 U.S. 91, 101, 76 S.Ct. 158, 100 L.Ed. 83 (1955)). In Occhicone v. State, 768 So.2d 1037, 1048 (Fla.2000), this Court held that "strategic decisions do not constitute ineffective assistance of counsel if alternative courses have been considered and rejected and counsel's decision was reasonable under the norms of professional conduct."

Failure to File Motion to Withdraw Plea

Barnhill first alleges trial counsel rendered ineffective assistance by failing to file a motion to withdraw his guilty plea that was entered, over counsel's objections, at the start of the guilt phase of his trial. Barnhill asserts counsel's query regarding his competency to proceed after the entry of plea coupled with the court-ordered competency evaluations should have led to a formal ...