Haynes v. Thaler

• Decision Date: 13 November 2012
• Docket Number: No. 12–6760 (12A369).,12–6760 (12A369).
• Parties: Anthony Cardell HAYNES v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division.
• Court: U.S. Supreme Court

133 S.Ct. 639

184 L.Ed.2d 414

81 USLW 3266

Anthony Cardell HAYNES

v.Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division.

No. 12–6760 (12A369).

Supreme Court of the United States

Nov. 13, 2012.

OPINION TEXT STARTS HEREStatement of Justice SOTOMAYOR, with whom Justice GINSBURG joins, respecting the grant of stay of execution.

In this case, a divided Fifth Circuit panel rejected Anthony Haynes' application for a certificate of appealability on the ground that this Court's decision in Martinez v. Ryan, 566 U.S. ––––, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012), “does not apply to Texas capital habeas petitioners.” No. 12–70030, 2012 WL 4858204, at *2 (Oct. 15, 2012). We recently granted certiorari to address precisely the question whether Martinez applies to habeas cases arising from Texas courts. See Trevino v. Thaler, 568 U.S. ––––, 133 S.Ct. 524, 184 L.Ed.2d 337 (2012).

The dissent observes that on federal habeas review in this case, the District Court, after first concluding that Haynes had procedurally defaulted his claim that his trial counsel was constitutionally ineffective, ruled in the alternative that the claim failed on the merits. Post, at 640. But the Court of Appeals has never addressed the District Court's merits ruling, and has instead relied solely on procedural default. See 2012 WL 4858204, at *2;Haynes v. Quarterman, 526 F.3d 189, 194–195 (C.A.5 2008). The only appellate judge to consider the merits of Haynes' claim would have granted Haynes a certificate of appealability in his current case and stated that it was “difficult to conclude that Hayne[s] has not made a sufficient showing for a Strickland [ v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984),] violation as to his trial counsel.” 2012 WL 4858204, at *4 (Dennis, J., dissenting). Under these circumstances, rather than assume the correctness of the District Court's unreviewed merits decision, I believe a stay of execution is warranted to allow Haynes to pursue his claim on remand if this Court in Trevino rejects the single ground relied upon by the Fifth Circuit for denying Haynes' application for a certificate of appealability.

Justice SCALIA, with whom Justice THOMAS and Justice ALITO join, dissenting from the grant of stay of execution.

I dissent from the Court's order of October 18, 2012, granting the application of Anthony Haynes for stay of execution of sentence of death. Petitioner Haynes, who had committed a series of armed robberies, was approached by off-duty Houston Police Department Officer Kent Kincaid after a bullet from Haynes's truck had cracked Kincaid's windshield. Kincaid, who thought the missile had been a rock, identified himself as a police officer and asked for Haynes's driving license. Haynes lifted a pistol and shot the officer in the head. Haynes was apprehended and confessed to the killing. He was tried for the capital murder of a peace officer “acting in the lawful discharge of an official duty,” Tex. Penal Code Ann. § 19.03(a)(1) (West Cum.Supp.2012). A Texas jury found him guilty and sentenced him to death.

It has been more than 14 years since Haynes killed Officer Kincaid, 10 years since we denied Haynes's first petition for certiorari, see Haynes v. Texas, 535 U.S. 999, 122 S.Ct. 1565, 152 L.Ed.2d 487 (2002), and six months since we denied his second, see Haynes v. Thaler, 566 U.S. ––––, 133 S.Ct. 498, ––– L.Ed.2d –––– (2012). Haynes is now back before us a third time, arguing that he received ineffective assistance from his trial counsel and that his procedural default of this claim is excused by our decision seven months ago in Martinez v. Ryan, 566 U.S. ––––, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012), which he asserts entitles him to a reopening of his habeas proceedings under Federal Rule of Civil Procedure 60(b)(6).

The Fifth Circuit determined that Haynes did not qualify for relief under Martinez, which carved out a “limited” exception to our longstanding rule that attorney error on state collateral review does not constitute cause to excuse procedural default of an ineffective-assistance-of-counsel claim, see Coleman v. Thompson, 501 U.S. 722, 111 S.Ct. 2546, 115 L.Ed.2d 640 (1991). According to the Fifth Circuit, Texas inmates fall outside the scope of Martinez, which applies only “where the State barred the defendant from raising the claims on direct appeal,” 566 U.S., at ––––, 132 S.Ct., at 1320. See Ibarra v. Thaler, 687 F.3d 222, 225–227 (2012). Haynes points to the practical difficulties in Texas of successfully raising an ineffective-assistance claim on direct appeal or by motion for new trial.

Even if the Fifth Circuit is incorrect and Martinez does implicate Texas's system of postconviction review, a stay is unwarranted here because Haynes presents no plausible claim for relief. His complaint is that his trial counsel was ineffective at...