Largin v. State

• Court: Alabama Court of Criminal Appeals
• Writing for the Court: MINOR, Judge.
• Decision Date: 16 December 2022
• Docket Number: CR-20-0228
• Citation: Largin v. State, CR-20-0228 (Ala. Crim. App. Dec 16, 2022)
• Parties: James Largin v. State of Alabama

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James Largin v. State of Alabama

No. CR-20-0228

Alabama Court of Criminal Appeals

December 16, 2022

Appeal from Tuscaloosa Circuit Court (CC-07-2129.60)

MINOR Judge.

In this appeal from the denial of a Rule 32, Ala. R. Crim. P. petition, we consider whether James Largin had ineffective assistance of trial counsel in the proceedings that led to his capital-murder convictions and death sentences for killing his parents. Proving "the truism that regardless of the mitigation strategy that capital defense lawyers choose, they are often 'damned if they do, and damned if they don't' when their clients later assert claims of ineffective assistance of counsel during collateral review," Morton v Secretary, Florida Department of Corrections, 684 F.3d 1157, 1161 (11th Cir. 2012), this appeal requires us to consider Largin's claim that his trial counsel were ineffective during the penalty phase for introducing evidence of Largin's personality disorder-evidence that the sentencing court found mitigating. Although this Court has often considered claims that trial counsel was ineffective for not introducing evidence of a defendant's personality disorder, we have never ruled that counsel was ineffective for introducing such evidence, and, under the circumstances of this case, we reject Largin's request that we do so. We also reject Largin's other ineffective-assistance-of-counsel claims, and we affirm the judgment of the Tuscaloosa Circuit Court denying Largin's Rule 32 petition.

FACTS AND PROCEDURAL HISTORY

On direct appeal, this Court summarized the relevant facts from Largin's trial:

"Peggy and Jimmy Largin were at home on the night of March 15, 2007, when they were shot multiple times with a .22 caliber rifle and their bodies were thrown down the stairs leading to the cellar in their home. Autopsy results showed that both victims died as the result of close-range gunshot wounds to the head.

"Sheri Largin Lake, Largin's sister and Jimmy and Peggy's daughter, testified that she went to her parents' house sometime after 9:00 p.m. on March 15 2007, and her parents and her brother were there. Largin had a history of drug and alcohol abuse, and he had recently been told to leave a residential treatment center for failing to follow the rules. Jimmy had picked Largin up from the treatment center and had brought him to the Largin residence. Largin had been living with his parents for approximately one week. Sheri testified that her mother had not wanted Largin to stay in the house because he previously had stolen money and property from them.

"Sheri was unable to make telephone contact with her parents on March 16, 2007, which was unusual. She drove to their house that evening and found the house dark and the front door locked, which was also unusual. Sheri entered the house, called out to her parents, and walked to her mother's room, where she saw blood on the floor. She left the house and called emergency 911. The Largins had been in their bedrooms when they were shot with a .22 caliber rifle, and their bodies had been dragged through the house and thrown down the basement stairs. A mop with blood on the handle was found in the kitchen sink. Forensic analysis revealed that DNA on the mop handle was consistent with a mixture of Peggy's DNA and Largin's DNA. Officers observed swirl marks on the kitchen floor that indicated that someone had attempted to clean something up with a mop. Largin's fingerprints were found on several containers of cleaning products recovered near the kitchen sink. Sheri testified that her brother was not at the house when she arrived that night and that her deceased sister's Trans Am automobile, which was kept on the Largins' property, was missing. Several items had been stolen from the house, including credit cards belonging to Jimmy and Peggy, a rifle, and Peggy's floral makeup bag in which she kept her set of keys and a substantial amount of cash.

"Testimony further established that Largin drove the Trans Am to a friend's house between midnight and 1:00 a.m. on the night of the murders. Largin purchased crack cocaine several times during the next 24 hours and smoked it with some of his acquaintances. Those acquaintances testified that Largin drove the Trans Am on several outings during that time, that he was in possession of the floral pouch that was identified as belonging to Peggy, and that he seemed to have a large amount of money. When Largin ran out of cash to purchase drugs, he began using his parents' credit cards. Several purchases were verified by receipts and surveillance videos. Largin purchased some items from a Walmart discount store and traded them for more drugs.

"Law-enforcement officers were notified of the issuance of a 'BOLO'-be on the lookout-for the Trans Am. Officers located the car parked at an apartment complex. Soon after the car was located, Largin and a companion came out of one of the apartments and walked toward the car. They had intended to travel to another location to purchase more crack cocaine. Officers took Largin into custody.

"Investigator Simon Miller had been a friend of Jimmy's for several years, and both he and Jimmy were members of the Church of Jesus Christ of Latter Day Saints. He also knew Peggy and had been introduced to Largin and Sheri. Miller had chatted with Largin on more than one occasion before the murders. Miller spoke with Largin at the police department after he was arrested, and Largin told Miller, 'It wasn't murder ... not in a cold-blooded sense.' (C. 836.) Largin further stated that he started to clean up the crime scene but then decided not to, and that he did not 'try to hide it.' (C. 838.)

"Several inmates with whom Largin had been incarcerated testified that they heard Largin admit that he had killed his parents. Largin also said that his parents were where they were supposed to be and that, if it were necessary, he would do it again."

Largin v. State, 233 So.3d 374, 388-89 (Ala.Crim.App.2015). The jury convicted Largin of two counts of capital murder for killing his parents. See § 13A-5-40(a)(2), Ala. Code 1975 (murder made capital because it was committed during a robbery), and § 13A-5-40(a)(10), Ala. Code 1975 (murder of multiple victims made capital because it was committed under one scheme or course of conduct).

At the penalty phase, the defense offered evidence about (1) Largin's work history, (2) his upbringing and family life, (3) his problems with substance abuse and depression, and (4) his alleged personality disorder. (Trial R. 2215-2434.)^[1] The defense also cited his lack of a significant criminal history. (Trial R. 2499.)

Largin presented testimony from his uncle, Mike Largin; Jonathan Friday, a former boyfriend of Largin's sister, Sheri; Largin's great aunt, Christine Largin; and Largin's cousin, Teresa O'Rourke. Their testimony suggested that Largin's household during his childhood was filled with arguing, fighting, and verbal abuse. (Trial R. 2215-51 2271-94, 2351-52.)

Largin also presented testimony from Dr. Karen Salekin, a clinical psychologist and mitigation specialist. Salekin testified that she interviewed Largin 4 times and interviewed 19 individuals, including family members, former employers, and family friends. (Trial R. 2301.) Dr. Salekin was unable to speak with Largin's sister, Sheri, or with Largin's ex-wife, Dixie. (Trial R. 2305.) Other individuals refused to talk to her. (Trial R. 2306-07.)

Dr. Salekin also reviewed "a large volume of medical records pertaining to [Largin's] mental health history, his hospitalizations at North Harbor, Indian River[s] [Community] Mental Health Center, the Crisis Stabilization Unit, Bryce Hospital, and Serenity Care." (Trial R. 2308.) Dr. Salekin testified that, beginning in 2006, Largin was hospitalized several times for attempting suicide or having suicidal thoughts. (Trial R. 2309.) On cross-examination, she testified that some of Largin's suicide attempts or "gestures" could have been "manipulation, a way to attention, … a way to get into the hospital to get help." (Trial R. 2353.) She testified that Largin's ingestion of antifreeze and then telling others about it was likely not an instance in which he "intended to kill himself." (Trial R. 2357.) But she testified about one suicide attempt:

"It would indicate that he went to the degree … that he could have lost his life at that point in time. Could have. But as was mentioned before, he also did these things in front of people. And that-it's a game that is dangerous to play. When people go to that degree to try to kill themselves and weigh the likelihood of someone saving them and being taken to the hospital in the appropriate time, it's getting to the point where they are making a dangerous and bad decision. …

"… [A]s I mentioned yesterday, I think they are manipulative gestures. But the judgment in making that- and I think the [suicide attempt], the one before with the antifreeze, really demonstrates his inability to make good decisions, his potentially impulsive behaviors."

(Trial R. 2410-11.)

Dr Salekin testified that the records showed that Largin had "clinical diagnoses" of "[m]ajor depression," "impulse control disorder," and "polysubstance abuse disorder." (Trial R. 2312.) Dr. Salekin testified that Largin did not have an official diagnosis of a personality disorder, but she said that his records referenced traits she described as "Cluster B" traits-"behaviors that tend to get people in trouble interpersonally because they are either-they can be insulting people, they can be very clingy and needy people, they can be very arrogant people"-and "Cluster C" traits. (Trial R. 2312-13.) Dr. Salekin said that individuals with "Cluster B personality disorders" generally have "wild" emotions, are...