Granviel v. Lynaugh
| Decision Date | 28 August 1989 |
| Docket Number | No. 88-1818,88-1818 |
| Citation | 881 F.2d 185 |
| Parties | 28 Fed. R. Evid. Serv. 1051 Kenneth GRANVIEL, Petitioner-Appellant, v. James A. LYNAUGH, Director Texas Department of Corrections, Respondent-Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Danny Burns, Fort Worth, Tex., for petitioner-appellant.
William C. Zapalac, Asst. Atty. Gen. and Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellee.
Appeal from the United States District Court for the Northern District of Texas.
Before CLARK, Chief Judge, and WILLIAMS and GARWOOD, Circuit Judges.
Kenneth Granviel appeals from the federal district court's denial of habeas corpus relief from his death sentence imposed by a Texas court. We affirm.
On February 8, 1975, Kenneth Granviel confessed to the inhuman torture and murder of six women and one of the victim's two-year-old son. Seven years later in July of 1982, Granviel was indicted for one of these murders, the murder of Natasha McClendon committed in the course of aggravated rape. His trial began in March of 1983, and on May 5, 1983, the jury found Granviel guilty of capital murder. After a separate punishment proceeding before the same jury, the jury answered affirmatively the special issues needed to impose a death sentence under Texas law. Tex.Code Crim.Proc.Ann. art 37.071 (Vernon 1981). . Granviel's conviction was affirmed on appeal, 723 S.W.2d 141, and the United States Supreme Court denied certiorari in October of 1987. He was then denied collateral relief in state court. On December 7, 1987, Granviel filed his petition for writ of habeas corpus in the United States District Court of the Northern District of Texas, Fort Worth Division. After an evidentiary hearing was held on two of Granviel's claims, the district court denied the requested relief and dismissed the petition in August of 1988. This appeal followed.
Granviel raises a number of claims concerning the conduct of his trial. He also questions his present sanity. We address each claim individually.
Granviel argues that two prospective jurors, the Reverend Edgar Lincoln Curry and Pamela Norene Copeland, were improperly excused for cause on the basis of their opposition to the death penalty. Wainwright v. Witt, 469 U.S. 412, 105 S.Ct. 844, 83 L.Ed.2d 841 (1985); Adams v. Texas, 448 U.S. 38, 100 S.Ct. 2521, 65 L.Ed.2d 581 (1980); Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968).
A prospective juror may be excused for cause on the basis of the venireperson's opposition to capital punishment only if "those views would prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and his oath." Adams, 448 U.S. at 45, 100 S.Ct. at 2526. Because of the difficulty of divining a prospective juror's state of mind, particularly on a cold record, we pay deference to the trial court's factual determination that a potential juror is disqualified. The fact determination is presumed correct. Witt, 469 U.S. at 424-26, 105 S.Ct. at 852-53. Applying this presumption to the facts of this case, we see no grounds for disturbing the decision of the lower court. Both venirepersons in question were unequivocally opposed to the death penalty and gave inconsistent responses regarding their ability to follow the trial court's instructions. See Ellis v. Lynaugh, 873 F.2d 830, 832-37 (5th Cir.1989).
A. The Reverend Edgar Lincoln Curry
At the conclusion of a long voir dire examination, the Reverend Curry stated that he did not wish to take the oath of a juror because of his opposition to the death penalty. Granviel contends that Curry was persuaded to take this position by the prosecuting attorney's suggestion that he could thereby avoid the unpleasant task of sitting in a capital case. In Granviel's view, Curry was improperly encouraged to abandon his clear statement that he would follow his oath and answer truthfully to all issues presented to him. Reviewing the transcript of the voir dire, however, we conclude that the prosecutor was properly fulfilling his duty to flush out Curry's true position.
The Reverend Curry's responses to questions make it clear that service on a death penalty case placed him in a moral dilemma. This was particularly true under the Texas procedure, which mandates a death sentence if the jury affirmatively answers three special issues or questions. The Reverend Curry strongly opposed the death penalty due to long held moral and religious beliefs and stated explicitly that he could not conscientiously participate in its imposition. These same convictions, however, also compelled him to follow his oath and answer truthfully all questions presented to him; he would not lie. Therefore, when asked if he would truthfully answer the special issues that Texas law utilizes in the penalty stage of capital cases, Curry stated unequivocally that he would answer as the evidence dictated. The dilemma created by the Texas procedure thus became apparent: assuming the facts of the case warranted the death penalty, Curry had either to answer the questions falsely or answer them as the facts dictated, and thereby sentence another to death. Curry could abide by neither result.
[by the Prosecutor]
Q. Now, earlier you said that your opinions about the death penalty were so firm that you would automatically vote against the death penalty regardless of the facts of the case?
A. Irregardless.
Q. All right.
Now, is what you're telling the judge, then, that even if you were convinced beyond a reasonable doubt, for example, that the defendant acted deliberately and there was a reasonable expectation that his actions would result in the death of another, that you might answer no to that question when in fact in your heart you knew the answer was yes?
A. Oh, no, I wouldn't do that. I wouldn't lie about it.
....
Q. Now, the second question [special issue] is--we're talking about whether there's a probability he would commit criminal acts of violence?.... If you were convinced of that beyond a reasonable doubt, could you answer yes to that knowing that you have already answered yes to the first question and knowing that the two yes answers just--
A. Two yes answers would give him--
Q. -- give him the death penalty?
A. -- death penalty.
Q. Could you do that?
A. I would answer it truthfully if I was on the jury, yes.
Q. You could do that?
A. Yes.
Q. All right.
Now, here is the--the oath that you'll have to take as a juror.
....
And what that oath says is that you will a true verdict render according to the law and the evidence, so help you God?
Q. Okay, so if you take that oath, then you're telling--I guess what you are telling us now is that even though you're--you're adamant in your opposition of the death penalty, if you take an oath to render a true verdict, then you will render a true verdict and it won't matter to you whether death results or not?
A. I'm liable to be put in the position by telling the truth of what I have heard and what I understand that would transpire as a juror would place me in this position that I couldn't--I would have to go against what I believe, staunchly believe in, and that I would demand then that he be given capital punishment and whatever you said it was, an injection or something, lethal injection, and I don't want to be placed in that position.
From this record, the district court could properly conclude that the facially inconsistent answers of Curry did not result from any inconsistency in Curry's personal views but from the Texas death penalty procedure. Curry's position did not change during the lengthy voir dire. He and the court were made to recognize the dilemma he was being placed in and an appropriate solution was found.
Like the Reverend Curry, Pamela Norene Copeland was adamant in both her opposition to the death penalty and her insistence that she would answer all questions presented to her truthfully. Only after an extensive examination by the attorneys for the prosecution and the defense, and the court did Copeland realize the contradiction in her answers. For example:
Q. [by the court] Mrs. Copeland, there's a matter that we need to clear up at this point.
You have told Mr. Wilson in response to his questions by the State in essence that your feeling about the death penalty is such that you could never serve on a jury in which you could vote for the imposition of the death penalty in any case, regardless of what the facts are; right?
A. I'm sorry. I'm getting confused now.
Q. Okay. I'm trying to unconfuse you.
You have told Mr. Wilson that you have a very strong feeling in opposition to the death penalty in any criminal case?
A. Yes.
Q. That you feeling is so strong in that regard that you could not serve on a jury and vote in such a manner that the death penalty would be imposed as a juror, regardless of what the facts are; right?
A. Right.
Q. Okay. You have now told Mr. Beatty that you could answer those two or three questions in the penalty phase of a capital murder case yes if the evidence said that you should answer them yes?
A. This was if I was on the jury.
Q. Okay.
A. I --
Q. Uh-huh. All right. Go ahead.
A. Did I just cross my answers?
Q. You sure did.
We need--you have told the State you cannot and told the defense you can, and all we need to know is which way it is?
A. Okay. If I was on, which I know--I could never say that he should die, whoever, but I could listen--this is where I thought the questions were coming from. I thought I could listen to the evidence and answer these questions yes, but when it came to the point of saying I thought he should die, I can't.
In both these cases, the prospective juror was emphatic in stating that he or she could never impose a death sentence. Nor was there any hint that they were seeking to...
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