Harrington v. Richter, No. 09–587.

CourtUnited States Supreme Court
Writing for the CourtJustice KENNEDY delivered the opinion of the Court.
Parties Kelly HARRINGTON, Warden, Petitioner, v. Joshua RICHTER.
Docket NumberNo. 09–587.
Decision Date19 January 2011

562 U.S. 86
131 S.Ct.
770
178 L.Ed.2d 624

Kelly HARRINGTON, Warden, Petitioner,
v.
Joshua RICHTER.

No. 09–587.

Supreme Court of the United States

Jan. 19, 2011.
Argued Oct. 12, 2010.

Decided Jan. 19, 2011.


Harry Joseph Colombo, Sacramento, CA, for petitioner.

Clifford Gardner, San Francisco, CA, for respondent.

Edmund G. Brown Jr., Attorney General of California, Dane R. Gillette, Chief Assistant Attorney General, Donald E. De Nicola, Deputy State Solicitor General, Michael P. Farrell, Senior Assistant Attorney General, Ward A. Campbell, Supervising Deputy Attorney General, Harry Joseph Colombo, Counsel of Record, Deputy Attorney General, Sacramento, for Petitioner.

Cliff Gardner, Counsel of Record, Catherine White, Oakland, CA, Edward Swanson, Swanson and McNamara, San Francisco, CA, for Respondent.

Justice KENNEDY delivered the opinion of the Court.

562 U.S. 91

The writ of habeas corpus stands as a safeguard against imprisonment of those held in violation of the law. Judges must be vigilant and independent in reviewing petitions for the writ, a commitment that entails substantial judicial resources. Those resources are diminished and misspent, however, and confidence in the writ and the law it vindicates

562 U.S. 92

undermined, if there is judicial disregard for the sound and established principles that inform its proper issuance. That judicial disregard is inherent in the opinion of the Court of Appeals for the Ninth Circuit here under review. The Court of Appeals, in disagreement with the contrary conclusions of the Supreme Court of the State of California and of a United States District Court, ordered habeas corpus relief granted to set aside the conviction of Joshua Richter, respondent here. This was clear error.

Under 28 U.S.C. § 2254(d), the availability of federal habeas relief is limited with respect to claims previously "adjudicated on the merits" in state-court proceedings. The first inquiry this case presents is whether that provision applies when state-court relief is denied without an accompanying statement of reasons. If it does, the question is whether the Court of Appeals adhered to the statute's terms, in this case as it relates to ineffective-assistance claims judged by the standard set forth in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). A second case decided today, Premo v. Moore, post, p. ––––, presents similar issues. Here, as in that case, it is

131 S.Ct. 781

necessary to reverse the Court of Appeals for failing to accord required deference to the decision of a state court.

I

It is necessary to begin by discussing the details of a crime committed more than a decade and a half ago.

A

Sometime after midnight on December 20, 1994, sheriff's deputies in Sacramento County, California, arrived at the home of a drug dealer named Joshua Johnson. Hours before, Johnson had been smoking marijuana in the company of Richter and two other men, Christian Branscombe and Patrick Klein. When the deputies arrived, however, they found only Johnson and Klein. Johnson was hysterical and covered in blood. Klein was lying on a couch in Johnson's living

562 U.S. 93

room, unconscious and bleeding. Klein and Johnson each had been shot twice. Johnson recovered; Klein died of his wounds.

Johnson gave investigators this account: After falling asleep, he awoke to find Richter and Branscombe in his bedroom, at which point Branscombe shot him. Johnson heard more gunfire in the living room and the sound of his assailants leaving. He got up, found Klein bleeding on the living room couch, and called 911. A gun safe, a pistol, and $6,000 cash, all of which had been in the bedroom, were missing.

Evidence at the scene corroborated Johnson's account. Investigators found spent shell casings in the bedroom (where Johnson said he had been shot) and in the living room (where Johnson indicated Klein had been shot). In the living room there were two casings, a .32 caliber and a .22 caliber. One of the bullets recovered from Klein's body was a .32 and the other was a .22. In the bedroom there were two more casings, both .32 caliber. In addition detectives found blood spatter near the living room couch and bloodstains in the bedroom. Pools of blood had collected in the kitchen and the doorway to Johnson's bedroom. Investigators took only a few blood samples from the crime scene. One was from a blood splash on the wall near the bedroom doorway, but no sample was taken from the doorway blood pool itself.

Investigators searched Richter's residence and found Johnson's gun safe, two boxes of .22–caliber ammunition, and a gun magazine loaded with cartridges of the same brand and type as the boxes. A ballistics expert later concluded the .22–caliber bullet that struck Klein and the .22–caliber shell found in the living room matched the ammunition found in Richter's home and bore markings consistent with the model of gun for which the magazine was designed.

Richter and Branscombe were arrested. At first Richter denied involvement. He would later admit taking Johnson's pistol and disposing of it and of the .32–caliber weapon Branscombe used to shoot Johnson and Klein. Richter's counsel

562 U.S. 94

produced Johnson's missing pistol, but neither of the guns used to shoot Johnson and Klein was found.

B

Branscombe and Richter were tried together on charges of murder, attempted murder, burglary, and robbery. Only Richter's case is presented here.

The prosecution built its case on Johnson's testimony and on circumstantial evidence. Its opening statement took note of the shell casings found at the crime scene and the ammunition and gun safe found at Richter's residence. Defense counsel offered explanations for the circumstantial evidence and derided Johnson as a drug

131 S.Ct. 782

dealer, a paranoid, and a trigger-happy gun fanatic who had drawn a pistol on Branscombe and Richter the last time he had seen them. And there were inconsistencies in Johnson's story. In his 911 call, for instance, Johnson first said there were four or five men who had broken into his house, not two; and in the call he did not identify Richter and Branscombe among the intruders.

Blood evidence does not appear to have been part of the prosecution's planned case prior to trial, and investigators had not analyzed the few blood samples taken from the crime scene. But the opening statement from the defense led the prosecution to alter its approach. Richter's attorney outlined the theory that Branscombe had fired on Johnson in self-defense and that Klein had been killed not on the living room couch but in the crossfire in the bedroom doorway. Defense counsel stressed deficiencies in the investigation, including the absence of forensic support for the prosecution's version of events.

The prosecution took steps to adjust to the counterattack now disclosed. Without advance notice and over the objection of Richter's attorney, one of the detectives who investigated the shootings testified for the prosecution as an expert in blood pattern evidence. He concluded it was unlikely

562 U.S. 95

Klein had been shot outside the living room and then moved to the couch, given the patterns of blood on Klein's face, as well as other evidence including "high velocity" blood spatter near the couch consistent with the location of a shooting. The prosecution also offered testimony from a serologist. She testified the blood sample taken near the pool by the bedroom door could be Johnson's but not Klein's.

Defense counsel's cross-examination probed weaknesses in the testimony of these two witnesses. The detective who testified on blood patterns acknowledged that his inferences were imprecise, that it was unlikely Klein had been lying down on the couch when shot, and that he could not say the blood in the living room was from either of Klein's wounds. Defense counsel elicited from the serologist a concession that she had not tested the bedroom blood sample for cross-contamination. She said that if the year-old sample had degraded, it would be difficult to tell whether blood of Klein's type was also present in the sample.

For the defense, Richter's attorney called seven witnesses. Prominent among these was Richter himself. Richter testified he and Branscombe returned to Johnson's house just before the shootings in order to deliver something to one of Johnson's roommates. By Richter's account, Branscombe entered the house alone while Richter waited in the driveway; but after hearing screams and gunshots, Richter followed inside. There he saw Klein lying not on the couch but in the bedroom doorway, with Johnson on the bed and Branscombe standing in the middle of the room. According to Richter, Branscombe said he shot at Johnson and Klein after they attacked him. Other defense witnesses provided some corroboration for Richter's story. His former girlfriend, for instance, said she saw the gun safe at Richter's house shortly before the...

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23424 practice notes
  • Detrich v. Ryan, No. 08–99001.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • May 2, 2012
    ...defense.” Strickland, 466 U.S. at 687, 104 S.Ct. 2052. As the Supreme Court recently explained in Harrington v. Richter, ––– U.S. ––––, 131 S.Ct. 770, 178 L.Ed.2d 624 (2011), however, when a habeas court reviews an ineffective assistance of counsel claim under the AEDPA, the “state court mu......
  • Vance v. Warden, Noble Corr. Inst., CASE NO. 2:19-CV-00687
    • United States
    • United States District Courts. 6th Circuit. United States District Courts. 6th Circuit. Southern District of Ohio
    • November 7, 2019
    ...malfunction' for which federal habeas relief is the remedy." Burt v. Titlow, 571 U.S. 12, 20 (2013) (quoting Harrington v. Richter, 562 U.S. 86 (2011)); see also Renico v. Lett, 559 U.S. 766, 773 (2010) ("AEDPA . . . imposes a highly deferential standard for evaluating state-court rulings, ......
  • Lebar v. Thompson, CIVIL NO. 3:CV-08-0072
    • United States
    • U.S. District Court — Middle District of Pennsylvania
    • May 13, 2013
    ...Supreme Court precedent, we read § 2254(d) to require three distinct legal inquiries. See, e.g., Harrington v. Richter. ____ U.S. ____, 131 S.Ct. 770, 785, 178 L.Ed.2d 624 (2011). The first is whether the state court decision was "contrary to ... clearly established Federal law, as determin......
  • Williams v. United States, No. C13-4025-MWB
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • August 13, 2014
    ...for relief when counsel's choices were reasonable and legitimate based on predictions of how the trial would proceed" (citing Richter, 131 S. Ct. 770)); Rompilla v. Beard, 545 U.S. 374, 381 (2005) ("In judging the defense's investigation, as in applying Strickland generally, hindsight is di......
  • Request a trial to view additional results
23282 cases
  • Detrich v. Ryan, No. 08–99001.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • May 2, 2012
    ...defense.” Strickland, 466 U.S. at 687, 104 S.Ct. 2052. As the Supreme Court recently explained in Harrington v. Richter, ––– U.S. ––––, 131 S.Ct. 770, 178 L.Ed.2d 624 (2011), however, when a habeas court reviews an ineffective assistance of counsel claim under the AEDPA, the “state court mu......
  • Vance v. Warden, Noble Corr. Inst., CASE NO. 2:19-CV-00687
    • United States
    • United States District Courts. 6th Circuit. United States District Courts. 6th Circuit. Southern District of Ohio
    • November 7, 2019
    ...malfunction' for which federal habeas relief is the remedy." Burt v. Titlow, 571 U.S. 12, 20 (2013) (quoting Harrington v. Richter, 562 U.S. 86 (2011)); see also Renico v. Lett, 559 U.S. 766, 773 (2010) ("AEDPA . . . imposes a highly deferential standard for evaluating state-court rulings, ......
  • Lebar v. Thompson, CIVIL NO. 3:CV-08-0072
    • United States
    • U.S. District Court — Middle District of Pennsylvania
    • May 13, 2013
    ...Supreme Court precedent, we read § 2254(d) to require three distinct legal inquiries. See, e.g., Harrington v. Richter. ____ U.S. ____, 131 S.Ct. 770, 785, 178 L.Ed.2d 624 (2011). The first is whether the state court decision was "contrary to ... clearly established Federal law, as determin......
  • Williams v. United States, No. C13-4025-MWB
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • August 13, 2014
    ...for relief when counsel's choices were reasonable and legitimate based on predictions of how the trial would proceed" (citing Richter, 131 S. Ct. 770)); Rompilla v. Beard, 545 U.S. 374, 381 (2005) ("In judging the defense's investigation, as in applying Strickland generally, hindsight is di......
  • Request a trial to view additional results
2 books & journal articles
  • The Innocence Checklist
    • United States
    • American Criminal Law Review Nbr. 58-1, January 2021
    • January 1, 2021
    ...determination of the facts in light of the evidence presented in the State court proceeding. Id. See also Harrington v. Richter, 562 U.S. 86, 102 (2011) (“If [§ 2254(d)’s] standard is diff‌icult to meet, that is because it was meant to be.”); Yarborough v. Alvarado, 541 U.S. 652, 665–66 (20......
  • BEYOND STRICKLAND PREJUDICE: WEAVER, BATSON, AND PROCEDURAL DEFAULT.
    • United States
    • University of Pennsylvania Law Review Vol. 170 Nbr. 4, March 2022
    • March 1, 2022
    ...and reflect different constitutional values"). (248) Martinez v. Ryan, 566 U.S. 1, 12 (2012). (249) See, e.g., Harrington v. Richter, 562 U.S. 86, 102 (2011) ("Section 2254(d) reflects the view that habeas corpus is a guard against extreme malfunctions in the state criminal justice systems,......

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