Daniel v. State

• Decision Date: 16 December 2011
• Docket Number: CR–08–0670.
• Citation: 86 So.3d 405
• Parties: Renard Marcel DANIEL v. STATE of Alabama.
• Court: Alabama Court of Criminal Appeals

86 So.3d 405

Renard Marcel DANIEL

v.STATE of Alabama.

CR–08–0670.

Court of Criminal Appeals of Alabama.

April 29, 2011.

Rehearing Denied July 15, 2011.

Certiorari Denied Dec. 16, 2011

Alabama Supreme Court 1101217.

Joe B. Mays, Jr., and Christopher L. Hawkins, Birmingham; Michael S. Sackheim, Elizabeth M. Zito, Tracey R. Seraydarian, and Patricia C. Fratto, New York, New York; and Peter J. Toren, New York, New York, for appellant.

Troy King and Luther Strange, attys. gen., and Jon Hayden, asst. atty. gen., for appellee.

WELCH, Presiding Judge.

The appellant, Renard Marcel Daniel, currently an inmate at Holman Correctional Facility on Alabama's Death Row, appeals the circuit court's summary dismissal of his petition for postconviction relief filed pursuant to Rule 32, Ala. R.Crim. P.

In 2003, Daniel was convicted of capital murder for murdering Loretta McCulloch and John Brodie during one course of conduct or pursuant to one plan or scheme, see§ 13A–5–40(a)(10), Ala.Code 1975. The jury recommended, by a vote of 10 to 2, that Daniel be sentenced to death. The circuit court followed the jury's recommendation and sentenced Daniel to death. This Court affirmed Daniel's conviction and death sentence on direct appeal. See Daniel v. State, 906 So.2d 991 (Ala.Crim.App.2004). We issued the certificate of judgment on February 18, 2005.

On February 14, 2006, Daniel filed a Rule 32 petition in the Jefferson Circuit Court attacking his conviction and death sentence. On July 31, 2006, the circuit court dismissed the petition. Daniel moved that the court reconsider its ruling. On August 30, 2006, the court vacated its July 31 order and allowed Daniel the opportunity to amend his petition.¹ Daniel filed his first amended petition in October 2006. On May 31, 2007, the circuit court held a status hearing on the merits of conducting a full evidentiary hearing. Daniel then filed a second amended petition in October 2007. On January 14, 2009, the circuit court dismissed Daniel's postconviction petition. This appeal followed.

In its order sentencing Daniel to death, the circuit court set out the following facts surrounding the double homicide:

“The homicides which were the basis for the charge as set out in this indictment occurred on September 26, 2001, between the hours of 10:45 p.m. and 11:00 p.m. at the victim's apartment located at Oporto Madrid Boulevard, Birmingham, Jefferson County, Alabama. The time of occurrence could only be estimated as one of the witnesses heard four (4) gunshots between 10:45 p.m. and 11:00 p.m. on September 26, 2001. The bodies were discovered the next morning on September 27, 2001, when the police responded to the scene of the homicides. It was determined that two (2) people had been murdered in an ‘execution-style killing’ in that both of the victims were lying on the floor with one (1) shot to the back of the head. Witness George Jackson testified for the State that on September 26, 2001, he was living at ... Oporto Madrid Boulevard, Birmingham, Alabama. John Brodie and Loretta McCulloch lived next door to his apartment. On September 26, 2001, after he got off work he went to [Daniel's] apartment where he and [Daniel] drank a couple of beers and smoked a joint. Eventually they went next door and introduced themselves to the victims. Both victims were drinking and were very intoxicated. They began to play cards until victim John Brodie called [Daniel] his ‘Brother Nigger.’ [Daniel] became agitated and angry. The victim apologized and tried to calm [Daniel]. Witness George Jackson tried to calm [Daniel] by explaining that the victim was drunk and didn't mean anything by the remark. [Daniel] pulled a pistol and the victims asked [Daniel] to leave their apartment. Witness George Jackson walked out of the apartment first, followed by [Daniel]. [Daniel] stood at the doorway of the victims' apartment and fired multiple shots at the victims. George Jackson then went into his apartment where he heard one of the victims say, ‘Are you all right’ and shortly after this, heard two more shots. The witness, due to his fear of [Daniel], remained in his apartment until the next day when he went to his mother and stepfather's house and informed them of the events of the night before. They convinced him to go to the police. Based upon the information he provided to the Birmingham Police Department, a patrol car was sent to the victims' residence where the bodies were discovered.

“Dr. Greg Davis of the Jefferson County Coroner's Office performed the autopsy on each victim and determined that John Brodie died from a gunshot wound to the back of the head which contained stipling around the entrance wound. There were other gunshot wounds to victim John Brodie but they would not have caused death, assuming reasonable medical attention.

“Victim Loretta McCulloch died due to a contact gunshot to the head. She also had other wounds, but in Dr. Davis's opinion, these would not have caused death, assuming reasonable medical attention.

“Witness Julie Farrow testified that she lived at Oporto Madrid Boulevard next door to the victims and [Daniel's] apartment on September 26, 2001. On the evening of September 26, 2001, between 10:45 p.m. and 11:00 p.m. she was walking her dog when she heard four (4) gunshots. She heard two to three (2 or 3) shots and short time later heard one or two (1 or 2) more gunshots.

“Further testimony from the State presented evidence that a pair of tennis shoes removed from the trunk of [Daniel's] automobile were consistent with the bloody shoe impression next to the victims' bodies.

“Shell casings recovered from the front door and a dumpster were recovered where witness George Jackson testified he saw [Daniel] throw them. These shell casings were recovered by evidence technician Jay Logan of the Birmingham Police Department.”

(C. 13–15.)

Standard of Review

Rule 32.3, Ala. R.Crim. P., provides, in pertinent part: “The petitioner shall have the burden of pleading and proving by a preponderance of the evidence the facts necessary to entitle the petitioner to relief.”

Unlike the general pleading requirements related to civil cases,² the pleading requirements for postconviction petitions are more stringent and are set out in Rule 32.6(b), Ala. R.Crim. P. This rule states:

“The petition must contain a clear and specific statement of the grounds upon which relief is sought, including full disclosure of the factual basis of those grounds. A bare allegation that a constitutional right has been violated and mere conclusions of law shall not be sufficient to warrant any further proceedings.”

In Boyd v. State, 913 So.2d 1113 (Ala.Crim.App.2003), we stated:

“ ‘Rule 32.6(b) requires that the petition itself disclose the facts relied upon in seeking relief.’ Boyd v. State, 746 So.2d 364, 406 (Ala.Crim.App.1999). In other words, it is not the pleading of a conclusion ‘which, if true, entitle[s] the petitioner to relief.’ Lancaster v. State, 638 So.2d 1370, 1373 (Ala.Crim.App.1993). It is the allegation of facts in pleading which, if true, entitle a petitioner to relief. After facts are pleaded, which, if true, entitle the petitioner to relief, the petitioner is then entitled to an opportunity, as provided in Rule 32.9, Ala. R.Crim. P., to present evidence proving those alleged facts.”

913 So.2d at 1125.

In Hyde v. State, 950 So.2d 344 (Ala.Crim.App.2006), and Bracknell v. State, 883 So.2d 724 (Ala.Crim.App.2003), we set out the requirements necessary to satisfy the full-fact pleading requirements of Rule 32.6(b),Ala. R.Crim. P.:

“The burden of pleading under Rule 32.3 and Rule 32.6(b) is a heavy one. Conclusions unsupported by specific facts will not satisfy the requirements of Rule 32.3 and Rule 32.6(b). The full factual basis for the claim must be included in the petition itself. If, assuming every factual allegation in a Rule 32 petition to be true, a court cannot determine whether the petitioner is entitled to relief, the petitioner has not satisfied the burden of pleading under Rule 32.3 and Rule 32.6(b).”

950 So.2d at 356.

“[The petitioner] failed to include in his petition any facts tending to indicate how those acts or omissions prejudiced his defense. He did not include specific facts regarding the crimes or the evidence introduced at trial, and he did not even state in his petition what his defense was. Even accepting all of the allegations in his petition as true, we cannot say whether Bracknell is entitled to relief. Therefore, Bracknell has not provided ‘full disclosure of the factual basis' of his claims necessary to satisfy the specificity requirements of Rule 32.6(b), Ala. R.Crim. P., and the pleading requirements of Rule 32.3, Ala. R.Crim. P. Accordingly, the circuit court properly denied his claims of ineffective assistance of trial counsel without an evidentiary hearing.”

Bracknell v. State, 883 So.2d at 728.

Rule 32.7(d), Ala. R.Crim. P., further provides:

“If the court determines that the petition is not sufficiently specific, or is precluded, or fails to state a claim, or that no material issue of fact or law exists which would entitle the petitioner to relief under this rule and that no purpose would be served by any further proceedings, the court may either dismiss the petition or grant leave to file an amended petition. Leave to amend shall be freely granted. Otherwise, the court shall direct that the proceedings continue and set a date for hearing.”

In Moore v. State, 502 So.2d 819 (Ala.1986), the Alabama Supreme Court stated:

“ ‘An evidentiary hearing on a coram nobis petition [now Rule 32 petition] is required only if the petition is ‘meritoriouson its face.’ Ex parte Boatwright, 471 So.2d 1257 (Ala.1985). A petition is ‘meritorious on its face’ only if it contains a clear and specific statement of the grounds upon which relief is sought, including full disclosure of the facts relied upon (as opposed to a general statement concerning the nature and effect of those facts)...