Goode v. Carpenter, 16-5124

• Decision Date: 29 April 2019
• Docket Number: No. 16-5124,16-5124
• Citation: 922 F.3d 1136
• Parties: Clarence Rozell GOODE, Jr., Petitioner - Appellant, v. Mike CARPENTER, Warden, Oklahoma State Penitentiary, Respondent - Appellee.
• Court: U.S. Court of Appeals — Tenth Circuit

922 F.3d 1136

Clarence Rozell GOODE, Jr., Petitioner - Appellant,

v.Mike CARPENTER, Warden, Oklahoma State Penitentiary, Respondent - Appellee.

No. 16-5124

United States Court of Appeals, Tenth Circuit.

FILED April 29, 2019

Thomas D. Hird, Assistant Federal Public Defender (Emma V. Rolls, Assistant Federal Public Defender, with him on the briefs), Oklahoma City, Oklahoma, for Petitioner-Appellant.

Jennifer L. Crabb, Assistant Attorney General (Joshua L. Lockett, Assistant Attorney General, and Mike Hunter, Attorney General of Oklahoma, on the brief), Oklahoma City, Oklahoma, for Respondent-Appellee.

Before BRISCOE, HARTZ, and PHILLIPS, Circuit Judges.

HARTZ, Circuit Judge.

Clarence Rozell Goode, Jr., who was convicted of first-degree murder and sentenced to death by the State of Oklahoma, appeals the denial by the United States District Court for the Northern District of Oklahoma of his application for relief under 28 U.S.C. § 2254. Goode’s application raises two claims: (1) a claim under Brady v. Maryland , 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), that the State suppressed material information about the corrupt conduct of Jeff Henderson, one of its investigating officers, and (2) an ineffective-assistance-of-counsel claim with numerous subclaims. Because none of Goode’s claims merits relief under § 2254, we affirm the district court’s denial of the application.

I. BACKGROUND

The strength of the evidence of Goode’s guilt is important in resolving several issues on appeal, in particular the Brady issue. We therefore review that evidence in some detail.

During the overnight hours of August 25–26, 2005, intruders entered the home of Mitch Thompson and his wife Tara Burchett-Thompson at 9707 North 112th East Avenue in Owasso, Oklahoma. (For convenience we will refer to it as Tara’s home.) Tara’s ten-year-old daughter Kayla, who lived with her grandmother Brenda Smalygo at a separate address, happened to be staying with her mother that night. All three occupants were murdered. The crime was discovered about 9:00 a.m. on August 26, when Ms. Smalygo learned that Kayla was not in school and came by the house to check on her. She observed that the garage door was open, as was the door from the garage into the house. She found Tara and Kayla nonresponsive in the bedroom and called the police, who later found Mitch’s body in that room.

Evidence recovered from the crime scene and forensic examination showed that the victims had been killed by shots from three firearms—a .22, a 9mm, and a .357. Seven .357 casings and seven 9mm casings were found at the crime scene. A .22 caliber projectile was found in a dresser drawer. In addition, six projectiles were found in and under the bed. The ballistics expert determined that at least three of those projectiles came from the .357, and one came from the 9mm. The origin of the other two projectiles could not be determined.

Mitch was shot at close range once in the upper back and once in the cheek. No bullets were recovered from his body, but one of the .357 projectiles found under the bed was directly beneath his head.

Tara’s body had 10 gunshot wounds

: three on the head, two on the chest, one on the abdomen, two on the leg, one through the arm, and one through the hand. The medical examiner observed that five or six shots entered and fully exited her body. Four bullets were recovered from Tara’s body—one from her head and three from her body cavity—all of which came from the 9mm gun. One of the .357 projectiles was found beneath her head.

Kayla was shot once in the head, once in the back, and three times in the hip. Three bullets lodged near her hip were recovered; one came from a .22, and two were from the 9mm. Kayla’s head wound

was not attributed to a particular weapon, but seven 9mm casings were found, and seven 9mm shots were accounted for. And the wound was not of the distinctly smaller sort attributable to a .22. Based on the above evidence, the State theorized that shots from the .357 gun caused the head wounds of all three victims.

Three neighbors testified for the prosecution at trial. James Deeter said that at 12:12 a.m. on August 26 he took out his garbage and noticed that the Thompsons’ garage door was open, but the interior door from the garage into the house was "definitely closed." Trial Tr. Vol. III at 606. He and his wife both described loud barking coming from the side of their yard adjacent to Tara’s home at about 12:45 a.m. Another neighbor was awakened close to that time but could not state the cause.

A possible motive for the murders was a feud involving Mitch. On one side of the feud were Mitch and a family friend, J.R. Hoffman, who usually spent the night at Tara’s home or the home of Mitch’s parents. On the other side were Mitch’s sister Michelle Chastain; his cousin Ronald Thompson (called "Bunny," because he was born on Easter), who lived with Michelle; and Goode, who was Michelle’s boyfriend. At trial, Michelle and Bunny testified to the events of the feud, with some corroboration from others, including a statement by Goode to the police. The gist of the events is not disputed and was endorsed in the defense closing argument.

About July 14, 2005, Goode gave J.R. money to run an errand for him in Claremore, Oklahoma. J.R. borrowed Michelle’s car for the trip. He wrecked the car and was arrested for driving under the influence. When they learned that J.R. was in jail, Mitch’s mother and Bunny bailed him out. Goode and Bunny retrieved the car, which was badly damaged.

Two weeks later, Bunny and Goode confronted J.R. at the home of Mitch’s parents. Goode demanded that J.R. pay for the damage to the car, J.R. refused, and Goode punched him in the mouth. Goode and Bunny left and went to Michelle’s house. Goode’s friend Damos "Peanut" Joseph came to that house and gave Goode a handgun, which Goode tucked into his pants. Meanwhile, Mitch’s mother drove J.R. to Tara’s house because he was drunk and acting erratically.

Later that night, Michelle heard a knock at her door. She and Bunny went to answer it and found Mitch accompanied by J.R. and armed with a baseball bat. Mitch began attacking Bunny with the bat. He was badly beating Bunny when Michelle called for Goode, who emerged from a bedroom carrying a gun. Michelle had never seen Goode with a gun before that night and did not know where he obtained it.

Goode ordered everyone outside. But Mitch continued to beat Bunny, while J.R. pointed at Goode and yelled "I want this motherfucker right here." Trial Tr. Vol. V at 1022. About this time, Peanut joined the group in the yard. Goode handed Peanut his gun and engaged in a fistfight with J.R, which he won. An ambulance was called for Bunny, who suffered a broken rib from the beating with a bat.

After this incident, Mitch called the child-welfare division of the Oklahoma Department of Human Services (DHS) to say that Michelle had not reported the income of people living in her home. DHS initiated an investigation and scheduled a home visit. Mitch also called the dental office where Michelle worked and said that she was involved with drugs, causing her to be fired. He similarly attempted to get Goode fired from his job as an aide at Brookhaven Hospital by reporting to the hospital that he was selling drugs, but this effort was unsuccessful.

At Goode’s trial, two witnesses gave accounts of the murders. One, Bunny Thompson, confessed to participating in the crime. On August 25 he reported to his usual job as a cart puller at Walmart. Because his car was inoperable, he was driven to work by his uncle, Mitch’s father. Not long before 10:00 p.m. his boss told him to leave the store, but did not fire him, for taking Xanax at work. Bunny tried calling Michelle to pick him up but could not reach her, so he called Goode to get a ride home. Goode said he was already coming to Walmart and could pick him up. He arrived at Walmart with Kenneth "Fu Fu" Johnson in Johnson’s white four-door Mercury Marquis. The two men did some shopping at the store and then connected with Bunny, who had never met Johnson before.

Bunny got in the car with Goode and Johnson. He sat in the back, Goode sat in the front passenger seat, and Johnson drove. As they departed, Goode told Bunny they were going to "take care of some business." Trial Tr. Vol. V at 909–10. He gave Bunny a .22 gun and latex gloves. At trial Bunny first described the gloves as "yellow ones, like the doctors use" but then said they were clear. Trial Tr. Vol. V at 910. Johnson had a 9mm gun and Goode had a .357. Bunny put on the latex gloves, and Johnson and Goode put on both latex gloves and another set of gloves, which Bunny first described as "[l]ike batting gloves" and then as "painter gloves" that were "blue on the outside." Trial Tr. Vol. V at 911–12. Bunny testified that they then drove straight to Tara’s home, though the State said that the murders did not occur until later that night. Bunny said that when he left Walmart with Goode and Johnson, he took some ecstasy in Johnson’s car, which, combined with Xanax, muddled his recall.

When the three men arrived at Tara’s house, Bunny rang the doorbell. Getting no response, he went through the open garage door and kicked in the interior door to the house. He went to the left, heading for the room where J.R. regularly stayed. Goode and Johnson went to the right, to Mitch and Tara’s bedroom. Bunny heard gunshots coming from that bedroom and went there, where he found Goode and Johnson shooting. Johnson held his gun to Bunny’s head and demanded that he start shooting or he would "be next." Trial Tr. Vol. V at 917–18. Bunny fired three or four shots into the wall over the bed. He admitted that he "might have shot" Kayla in the hip as he "raised up the gun." Trial Tr. Vol. V at 923. Bunny then ran out of the home, with Goode and Johnson behind him.

The three headed to the home of "Peanut" Joseph. While driving there on Highway 169, they threw their gloves out the car windows. Upon arriving at...