Driskill v. State

• Decision Date: 01 June 2021
• Docket Number: No. SC 98259,SC 98259
• Court: Missouri Supreme Court
• Parties: Jesse DRISKILL, Appellant, v. STATE of Missouri, Respondent.

626 S.W.3d 212

Jesse DRISKILL, Appellant,

v.STATE of Missouri, Respondent.

No. SC 98259

Supreme Court of Missouri, en banc.

Opinion issued June 1, 2021

Rehearing Denied August 31, 2021

Mary R. Russell, Judge

Jesse D. Driskill appeals the circuit court's judgment overruling his Rule 29.15 motion for postconviction relief. He was convicted of two counts of first-degree murder, one count of first-degree burglary, one count of forcible rape, one count of forcible sodomy, and five counts of armed criminal action. Driskill was sentenced to death for each murder count. He also received a consecutive 15-year sentence for the burglary count and seven consecutive life sentences for all remaining counts. Driskill asserts the State committed multiple Brady violations and trial counsel provided ineffective assistance in various respects during the original proceedings. Because the circuit court's findings of fact and conclusions of law are not clearly erroneous, the judgment denying postconviction relief is affirmed.

Background

In the light most favorable to the verdict,¹ the evidence demonstrates that, in July 2010, Driskill and Jessica Wallace were at the Prosperine River Access on the Niangua River. They did drugs and had sex. A police officer interrupted, and Driskill ran into the woods with a gun. Wallace returned home once she spoke to the police. At the same time, roughly 1.5 miles from the Prosperine River Access, J.W. and C.W. (collectively, the "victims") were celebrating their 59th wedding anniversary at their home.

When family members became concerned about the victims’ whereabouts, they went to the house. The victims’ car was not there. Because the doors were locked, a relative entered through a window, finding the inside of the house was smoky and smelly. The family member also saw C.W.’s feet under smoldering blankets. After the relative opened the front door, the victims’ son entered the home. The two individuals found J.W.’s body under a pile of blankets and chairs. Blood had pooled around the victims’ heads.

The police were called and began investigating the scene and collecting evidence. Signs of forced entry were not apparent. The area near the victims smelled of accelerant. C.W. had burn marks on the top portion of her body and wadded paper towels had been burned in her groin area. A clear fluid and blood could be seen draining from her vaginal and anal areas. The skin beneath C.W.’s eyes was blackened, and she had a wound above her right eyebrow. Aside from his shoes, J.W. was naked. A plastic bag covered his head, and a wound was visible on his face. C.W.’s purse had been dumped onto the floor. A can of gasoline was also located in the hallway. As the police investigated the home, a burning vehicle was located near Conway, Missouri, and later determined to belong to the victims.

Meanwhile, Driskill called Wallace twice, ultimately asking her to pick him up on Highway N in Conway. Wallace attempted to do so but could not locate Driskill. Seeing first responders heading toward smoke, she left the area. In Conway, Driskill went to Hannah's General Store in an unsuccessful attempt to charge his cell phone. Later, Driskill went to a Budget Inn and used the telephone. He called Jessica Cummins, who agreed to get him. During the drive, Cummins believed Driskill was mad at her. He also mumbled during the drive, stating he had "messed up" and shot someone. Cummins believed Driskill mentioned he had used some drugs. After dropping Driskill off at Codi Vause's apartment, Cummins left. Vause and Calvin Perry were in Vause's apartment when Driskill arrived.

Driskill appeared exhausted and anxious. He stated he needed help and suggested he was being chased by the authorities. Driskill also said he needed new clothes and had killed a couple of people that day. Wallace—after Driskill contacted her and stated he perpetrated a home invasion, robbery, and double homicide—drove to Vause's apartment. Driskill explained to Wallace, Perry, and Vause that he was going through a shed or garage when an elderly couple found him. Driskill brandished his gun and ordered the couple to go inside. He then asked for money but was not satisfied with the amount. Driskill proceeded to shoot J.W. and rape C.W. Driskill initially shot C.W. in the head. She survived, and, when she tried to get away, he shot her two more times. Driskill further stated he put a plastic bag down C.W.’s throat and a pillow over her head. He explained he attempted to clean up the evidence by burning it and using bleach. He also stated he stole, and later burned, the victims’ vehicle. Driskill said his shoes were filled with blood. Wallace went to a store after hearing Driskill's story. A police officer at the store noticed she was upset and approached her. Wallace told the officer what Driskill had told her.

Cummins later returned to Vause's apartment. She found Driskill using the kitchen sink to wash his shoes. After changing his clothes, Driskill directed Vause to dispose of them, and she placed them in a trash bag. Driskill subsequently fell asleep on the couch. At that time, the other individuals relayed Driskill's story to Cummins. They called the police. Shortly thereafter, the police attempted to arrest Driskill while he was sleeping at Vause's apartment. Driskill resisted arrest and obtained a laceration on his head during the scuffle. He was eventually tasered and arrested. The officers seized the trash bag containing Driskill's clothes and took him to the hospital for treatment.

As the police investigated the crimes, they executed a search warrant and obtained various evidence, including Driskill's clothing, an unlabeled pill bottle, and a pack of cigarettes. A sexual assault kit was conducted on Driskill. J.W.’s and C.W.’s bodies were autopsied. C.W. was shot once near her jawline and once above her left eye. The latter shot was fatal. C.W. had a laceration from blunt trauma above her right eyebrow. She also had injuries consistent with sexual assault, such as tears at the entrance of her vagina and rectum. Vaginal swabs were collected from C.W. DNA testing eliminated J.W. as a contributor and revealed a mixture from C.W. and Driskill. J.W. was shot once near his right cheek. This wound was potentially fatal. Yet the cause of death was listed as asphyxiation

resulting from a wadded-up plastic bag that was found in J.W.’s throat.

At trial, Driskill was represented by Sharon Turlington and Cynthia Dryden. During the guilt phase, the State adduced the evidence described above as well as other evidence, and Driskill presented evidence from two witnesses. The jury found Driskill guilty on all counts. During the penalty phase, the State presented evidence of Driskill's prior convictions and victim impact statements from three family members. Driskill called multiple expert and lay witnesses. These individuals testified about how Driskill's mental health issues, genetic predisposition toward violence, and difficult past, including physical abuse as a child, impacted his actions. The jury recommended death sentences for each first-degree murder count. Nine statutory aggravators were found regarding C.W.’s murder, and eight statutory aggravators were found regarding J.W.’s murder. The circuit court adopted the jury's recommendation. It also imposed a consecutive, 15-year sentence for the burglary count and seven consecutive life sentences for all remaining counts. This Court affirmed the judgment of convictions on direct appeal. See State v. Driskill , 459 S.W.3d 412, 433 (Mo. banc 2015).

Driskill proceeded to seek postconviction relief under Rule 29.15. An evidentiary hearing was held. The case originally was assigned to a first judge, who presided over part of the hearing. After Prosecutor Jon Morris testified, however, the first judge recused himself, and a second judge was appointed. The second judge heard the remaining evidence and denied postconviction relief. Driskill appeals.²

Standard of Review

Review of a circuit court's judgment denying postconviction relief is "limited to a determination of whether the findings and conclusions ... are clearly erroneous." Rule 29.15(k). Appellate courts presume the circuit court's findings are correct. Deck v. State , 381 S.W.3d 339, 343 (Mo. banc 2012). "A clear error is a ruling that leaves the appellate court with a definite and firm impression that a mistake has been made." Id. Additionally, "[t]his Court defers to ‘the motion court's superior opportunity to judge the credibility of witnesses.’ " Shockley v. State , 579 S.W.3d 881, 892 (Mo. banc 2019). The circuit court is "entitled to believe all, part, or none of the evidence presented at the post-conviction hearing." State v. Hunter , 840 S.W.2d 850, 863 (Mo. banc 1992).

A movant must satisfy the test announced in Strickland v. Washington , 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), to obtain postconviction relief based on a claim of ineffective assistance of counsel. Anderson v. State , 564 S.W.3d 592, 600 (Mo. banc 2018). The test requires a movant to demonstrate 1) deficient performance by counsel and 2) prejudice as a result of that deficient performance. Strickland , 466 U.S. at 687, 104 S.Ct. 2052. Deficient performance is measured in terms of "reasonableness under prevailing professional norms." Id. at 688, 104 S.Ct. 2052. This Court gives great deference to counsel's performance, recognizing the multitude of approaches available to defend a client, and a movant must overcome the presumption that counsel's course of action might be considered sound strategy. Id. at 689, 104 S.Ct. 2052. Prejudice requires a "show[ing] that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Id. at 694, 104 S.Ct. 2052.

"[D]ue process is violated where the prosecutor suppresses evidence favorable to the defendant that is material to either guilt or punishment." Anderson v. State , ...