Carpenter v. Vaughn

• Decision Date: 28 November 1994
• Docket Number: No. 1:CV-91-0934.,1:CV-91-0934.
• Parties: James Henry CARPENTER, Petitioner, v. Donald T. VAUGHN, Superintendent, State Correctional Institution at Graterford, Pennsylvania, Respondent.
• Court: U.S. District Court — Middle District of Pennsylvania

888 F. Supp. 635

James Henry CARPENTER, Petitioner, v. Donald T. VAUGHN, Superintendent, State Correctional Institution at Graterford, Pennsylvania, Respondent.

No. 1:CV-91-0934.

United States District Court, M.D. Pennsylvania.

November 28, 1994.

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Spero T. Lappas, Harrisburg, PA, for petitioner.

Ernest D. Preate, Jr., Atty. Gen. of Pa., Office of Atty. Gen., Harrisburg, PA, H. Stanley Rebert, John W. Thompson, Jr., York, PA, for respondent.

MEMORANDUM

McCLURE, District Judge.

BACKGROUND:

This case involves a petition for a writ of habeas corpus originally filed by James Henry Carpenter on July 23, 1991. The filing of the original petition for a writ of habeas corpus by petitioner's then-counsel coincided with the pro se filing by petitioner of a petition for a stay of execution, docketed to No. 3:CV-91-0943. A stay of execution was issued by the court, and the cases were consolidated to No. 3:CV-91-0934. The case then was stayed pending disposition of petitioner's state court appeal.

Petitioner was convicted of first degree murder in the Court of Common Pleas of York County, Pennsylvania, on January 20, 1984, and was sentenced to death. On November 19, 1992, the Supreme Court of Pennsylvania affirmed the denial of relief under the Pennsylvania Post Conviction Relief Act (PCRA), 42 Pa.Cons.Stat.Ann. §§ 9541 et seq. Com. v. Carpenter, 533 Pa. 40, 617 A.2d 1263 (1992).

New counsel was appointed to represent petitioner, and counsel has filed an amended petition for a writ of habeas corpus which incorporates by reference the original petition. Counsel also has been granted leave to conduct discovery in the form of taking of depositions.

Before the court is a motion by the Commonwealth¹ for reconsideration of our Order of Court dated July 21, 1994, in which we granted a motion to postpone a deposition of plaintiff's PCRA counsel for mental health reasons, and plaintiff's motion to dismiss the motion for reconsideration. Also, the court will review the issues raised by petitioner in his original petition and his amended petition for a writ of habeas corpus, for the purpose of narrowing the issues before us.

STATEMENT OF FACTS/PROCEDURAL HISTORY:

On September 30, 1983,² at approximately 9:30 p.m., petitioner was with his girlfriend, Ruth Emmil, and another couple on South Penn Street in the City of York. The group was approached by Jimmie Lee Taylor, a former boyfriend of Emmil, with whom petitioner had a turbulent history. Fearing an altercation, the other couple continued to their destination, a nearby bar. Moments later, Taylor was stabbed in the heart. He was pronounced dead at the York Hospital at 10:58 p.m. Taylor was intoxicated at the time of the stabbing, having a blood alcohol content of .356 per cent.

At trial, the question was one of witness credibility. Emmil testified that respondent had stabbed Taylor without provocation, wiped the blood from the knife with a handkerchief, and tossed both the knife and the handkerchief over a fence into the backyard of a nearby house. Petitioner testified that Emmil had done the stabbing and had disposed of the knife. Emmil's testimony was bolstered by the testimony of another witness who testified that petitioner had offered to pay the witness $500.00 to kill Taylor.

The jury believed Emmil's version of events and found petitioner guilty of first degree murder, and sentenced him to death. The Supreme Court of Pennsylvania heard the direct appeal of petitioner's conviction, and affirmed. Com. v. Carpenter, 511 Pa. 429, 515 A.2d 531 (1986) ("Carpenter I"). The case was then remanded to the Court of Common Pleas of York County for proceedings under the Pennsylvania Post Conviction Relief Act (PCRA), 42 Pa.Cons.Stat.Ann. §§ 9541 et seq. The Court of Common Pleas denied relief, and the Supreme Court of Pennsylvania again affirmed. Com. v. Carpenter, 533 Pa. 40, 617 A.2d 1263 (1992) ("Carpenter II").

On July 23, 1991, while petitioner's appeal of the PCRA proceedings was still pending, petitioner filed his petition for a writ of habeas corpus and a motion for a stay of execution. The latter motion indicated that a death warrant had been signed by the Governor of Pennsylvania, and that the Supreme Court would not issue a stay of execution. We therefore ordered a stay of execution, see generally McFarland v. Scott, ___ U.S. ___, 114 S.Ct. 2568, 2572, 129 L.Ed.2d 666, 677 (1994) (federal district court has jurisdiction to enter stay of execution prior to filing of petition for writ of habeas corpus in order to protect right to file petition and statutory right to appointed counsel in federal habeas proceedings), but stayed the habeas action pending disposition of the PCRA appeal.

On November 19, 1992, the Supreme Court issued its ruling affirming the denial of relief under the PCRA, and the stay of the instant proceedings was lifted. It then was brought to the court's attention that petitioner and his counsel had no meaningful relationship, and counsel was permitted to withdraw. Because of the dearth of attorneys experienced in the handling of this type of case in the Middle District, some delay occurred while counsel was located. Counsel now has filed an amended petition and conducted discovery, though not all of the discovery requested.

ISSUES PRESENTED:

In his original petition for a writ of habeas corpus, which was incorporated by reference in the amended petition, see Amended Petition for Writ of Habeas Corpus (record document no. 18) at 1 ¶ 1, petitioner raised the following grounds as cause for issuance of the writ:

(1) ineffective assistance of counsel for allowing the jury to hear that petitioner had a prior criminal record;

(2) ineffective assistance of counsel for failure, during jury selection, to question several jurors concerning their attitudes toward the death penalty;

(3) ineffective assistance of counsel for failure to present mitigating evidence of petitioner's background during the penalty phase of the trial;

(4) ineffective assistance of counsel for failure to object to an erroneous instruction concerning duress during the penalty phase of the trial;

(5) ineffective assistance of counsel for failure to object to the trial court's answer to a jury question;

(6) ineffective assistance of counsel for failure to object to testimony of Emmil that she had no criminal record and had never been arrested;

(7) ineffective assistance of counsel for failure to prepare petitioner for his trial testimony;

(8) ineffective assistance of counsel for failure to object to a reference by the prosecutor to a lie detector test;

(9) ineffective assistance of counsel for failure to object to a statement by the prosecutor in his closing argument that defense counsel and the District Attorney were in agreement that whoever killed Taylor was guilty of first degree murder;

(10) ineffective assistance of counsel for failure to object to the trial court's omission of a charge on a potential verdict of second degree murder (11) ineffective assistance of counsel for failure to object to the trial court's omission of a charge on a potential verdict of third degree murder based upon voluntary intoxication; and

(12) ineffective assistance of counsel for failure to object to the trial court's instruction on aggravating and mitigating circumstances, and imposition of the death penalty.

In his amended petition for a writ of habeas corpus, petitioner sets forth the following grounds as cause for issuance of the writ:

(13) ineffective assistance of counsel for failure to request jury instructions on available mitigating circumstances, extreme mental or emotional disturbance (42 Pa.Cons. Stat.Ann. § 9711(e)(2)), and duress § 9711(e)(5);

(14) ineffective assistance of counsel for failure to object to the trial court's instruction on duress as a mitigating factor, which erroneously applied the same standard for duress as that required for a complete defense to the crime;

(15) ineffective assistance of counsel for failure to object to the erroneous instruction in answer to the question from the jury (see Issue (5), above);

(16) ineffective assistance of counsel for failure to call for testimony at trial an eyewitness who would have corroborated petitioner's version of events;

(17) ineffective assistance of counsel for failure to object to a statement that petitioner was deserving of the death penalty because he "had his chance," having previously been released on parole after a conviction for third degree murder;

(18) the trial court's instructions failed to allow the jury to consider all of the relevant mitigating factors;

(19) the testimony of a parole officer during the sentencing phase improperly directed the jury's attention toward the possibility of parole;

(20) ineffective assistance of counsel for failure to argue available mitigating factors to the jury;

(21) ineffective assistance of counsel for failure to object to improper voir dire questions by the Commonwealth concerning prospective jurors' attitudes toward the death penalty;

(22) ineffective assistance of counsel for failure to challenge the Commonwealth's exercise of peremptory challenges³ during jury selection (should investigation reveal improper challenges);

(23) ineffective assistance of counsel for failure to argue to the jury that Taylor's prior assault on petitioner constituted a mitigating circumstance;

(24) ineffective assistance of counsel for failure to present evidence, to argue to the jury, and to request a jury instruction regarding mitigating factors recognized in Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. 2934, 106 L.Ed.2d 256 (1989).

Petitioner also contends that "certain official documents including the trial transcript are incorrect and unreliable and do not accurately reflect the proceedings in the trial court." Amended Petition for Writ of Habeas Corpus at 8-9...