Burnett v. Lockhart
Decision Date | 31 January 1989 |
Docket Number | No. PB-C-87-343.,PB-C-87-343. |
Parties | Larry BURNETT, Plaintiff, v. A.L. LOCKHART, Director, Arkansas Department of Correction, Defendant. |
Court | U.S. District Court — Eastern District of Arkansas |
T. Martin Davis, Little Rock, Ark., for petitioner.
J. Brent Standridge, Asst. Atty. Gen., Little Rock, Ark., for respondent.
The Court has received the Magistrate's recommended disposition in this matter, as well as the respondent's objection and petitioner's reply.
The petitioner filed a pro se petition on June 29, 1987, raising four grounds for relief. Subsequently, with leave of Court, he filed an amended petition, asserting six additional grounds for relief.
The Magistrate found merit to petitioner's contention that there is insufficient evidence to support the conviction on the charge of murder in the first degree, and therefore did not address the other points raised by petitioner. The Magistrate recommended that the writ be issued within 120 days of the filing of the District Court's Judgment unless the state (a) undertakes to retry the petitioner within that period of time, or (b) appropriately resentences petitioner for a lesser included offense.
The Court has reviewed the record and applicable law and hereby refuses to adopt the Magistrate's recommended disposition. Because of this Court's holding, the matter is hereby remanded to the Magistrate for further findings on the other points raised in the petition.
Petitioner was convicted in a jury trial of first-degree murder in the death of his thirteen-month-old son. The first-degree murder charge was based upon the allegation that the petitioner, with the premeditated and deliberate purpose of causing the death, caused the death by starvation, beatings, and abuse. The Magistrate set out the governing standard in habeas review of this type of claim as being whether the record shows that no rational trier of fact could have found proof of guilt beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 324, 99 S.Ct. 2781, 2791, 61 L.Ed.2d 560 (1979). Jackson also requires that we grant deference to the Arkansas Supreme Court's rejection of this claim. See Thomerson v. Lockhart, 835 F.2d 1257, 1259 (8th Cir.1987).
The major issue involved in this analysis is whether there is support in the record for the jury's finding that the petitioner, with the premeditated and deliberated purpose of doing so, caused the death of his son.
Michael Davis, an emergency medical technician who was called to attend to the child on May 11, 1984, testified that the child looked "thin and dehydrated" when he arrived. He stated that the child had "an extremely distended stomach, and his eyes were — he had black marks underneath the eyes ...". He also noticed bruises up and down the child's spine when he was suctioning the child out. He noticed that his left foot and right calf had some puncture marks on the leg and underneath the puncture areas were large hematomas or bruises. He noticed the child's nose was swollen.
Dr. Mike Miller, the physician who first saw the child on May 11 at Baptist Hospital, administered life-saving procedures unsuccessfully. Afterwards, he did a full examination of the child and Dr. Miller and a pediatrician suspected that the child may have been abused, and desired an autopsy.
The prosecution's fourth and fifth witnesses were Robert Bohannon and Tom Waggoner, both employees of the Pulaski County Sheriff's Department who spoke with petitioner and his wife following their child's death on May 11. As stated by the Magistrate, the petitioner's explanation of the child's physical state at the time of death was that the child previously had a hernia operation, was ill due to cutting teeth, had broken his nose in a fall while trying to stand, and had scratched himself.
According to Mr. Waggoner, Mrs. Burnett said a choking spell started the events which led to the child's death, that he had been disinterested in eating since February, when he began teething, and that he had been bitten by an older child.
Dr. Becky Williams testified that she had seen the infant twice, the last time on July 29, 1983, at which time the child exhibited good growth and development, particularly in light of his premature birth.
Dr. Donna Brown, a medical examiner at the Arkansas Crime Laboratory who performed the autopsy on the child, testified that there were multiple bruises, at least fifteen, to the face which were oval shaped in size and present over the forehead and front part of the face. Her testimony was not only graphic but critical, since she was in the best position to describe the nature and extent of the injuries as well as the cause of the death. Some of her testimony is set out below.
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