Lucas v. Sec'y, Dep't of Corr.

• Decision Date: 08 June 2012
• Docket Number: No. 08–15761.,08–15761.
• Citation: 23 Fla. L. Weekly Fed. C 1126,682 F.3d 1342
• Parties: Harold Gene LUCAS, Petitioner–Appellant, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents–Appellees.
• Court: U.S. Court of Appeals — Eleventh Circuit

682 F.3d 1342

23 Fla. L. Weekly Fed. C 1126

Harold Gene LUCAS, Petitioner–Appellant,

v.SECRETARY, DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents–Appellees.

No. 08–15761.

United States Court of Appeals, Eleventh Circuit.

June 8, 2012.

James Vincent Viggiano (Court–Appointed), Carol Contreras Rodriguez(Court–Appointed), David Dixon Hendry (Court–Appointed), Mark S. Gruber (Court–Appointed), Mina J. Morgan (Court–Appointed), Robert T. Strain (Court–Appointed), Capital Collateral Regional Counsel, Tampa, FL, for Petitioner–Appellant.

Carol M. Dittmar, Florida Atty. General's Office, Tampa, FL, for Respondents–Appellees.

Appeal from the United States District Court for the Middle District of Florida.

Before EDMONDSON, MARCUS and PRYOR, Circuit Judges.

MARCUS, Circuit Judge:

In this old capital case, Harold Gene Lucas was convicted on one count of first-degree murder for the 1976 death of sixteen-year-old Anthia “Jill” Piper and two counts of attempted first-degree murder for the shootings of Terri L. Rice and Richard “Ricky” Byrd, Jr. He was sentenced by a state trial court in Florida to die for Piper's murder. After several remands from direct appeals and a resentencing proceeding before a new jury that again resulted in the imposition of the death penalty, the Florida Supreme Court affirmed Lucas's convictions and sentences on direct appeal and then on collateral review.

Thereafter, a federal district court denied Lucas's petition for a writ of habeas corpus, which included claims that: (1) the state trial court's admission of testimony of an undisclosed rebuttal witness was unconstitutional; (2) Lucas's trial counsel rendered ineffective assistance; and (3) the State's use of peremptory challenges to exclude all jurors who expressed reservations about the death penalty was unconstitutional. After thorough review, we conclude that Lucas is not entitled to relief on any of these claims. Accordingly, we affirm the district court's judgment and deny the petition.

I.

A. The Crimes and Lucas's Trial

On August 30, 1976, Lucas was indicted and charged with the first-degree murder of Jill Piper, along with two counts of attempted first-degree murder for the shootings of Rice and Byrd. The trial began on January 11, 1977. For our purposes, the essential facts adduced at trial are these.

The 16–year–old murder victim, Piper, was romantically involved with Lucas, age 25 at the time of the crime, but their relationship was a troubled one. One week before the murder, the police had responded to a dispute between them at the Piper residence. A few days later, Lucas threatened Piper, and on August 12, 1976, a friend, Terri Rice stayed the night with Piper because Piper was afraid to be alone.

The next day, Lucas and Piper saw each other first at a gas station and then at a park. At the gas station, Lucas made threats about Piper, telling one witness that “he was going to kill her,” and telling Piper herself that “she was a dead bitch.” Later, at the park, he told another witness that Piper “was coming down, [meaning] he was going to kill her,” and told yet another that “he was going to put that little bitch in a hole.” After making these threats, Lucas returned home and consumed alcohol and drugs with his friends. Later that night, Lucas arrived at Piper's house, this time carrying a rifle. Anticipating Lucas's visit, Piper and her friends, Terri Rice and Ricky Byrd, had armed themselves.

According to Rice, she, Byrd and Piper were approaching Piper's home when HaroldLucas stepped out from behind the side of the house and raised a rifle at Piper. Rice testified that as Byrd entered the home, Lucas came around the house and shot Piper; Piper fell to the ground. Rice and Byrd explained that they then ran into the bedroom to call the police. Rice testified that she heard Piper inside the house, crying, screaming, and asking Lucas why he had done this. Byrd recounted that he too had heard slapping and screaming coming from the front of the house, and was aware of fighting and begging noises while he and Rice were calling the police. Rice and Byrd said that Lucas then came into the bedroom, shot Byrd, and followed Rice into the bathroom. Rice begged him to leave them alone; Lucas said he would and turned to go, but he then shot Rice through the door. Byrd remembered Lucas returning and putting a gun to his face. Byrd wasn't sure if he heard a click, but nothing happened. Lucas kicked Byrd and left the room. Byrd testified that he called for Rice and they got back on the phone. Byrd could hear noises in the house, as if someone were rummaging through drawers, looking for something. Finally he heard an officer yelling for anyone to come out of the house; Byrd made it out to the front yard.

Piper's body, riddled with seven gunshot wounds in her head, shoulder, back, and leg, was found outside the house. After the shooting, Lucas hid in the woods for several days before he was found and arrested by the police on August 21, 1976.

Lucas's defense at trial was that he had been intoxicated from drugs and alcohol at the time of the crime and, as a result, was incapable of forming the premeditation required by statute. Defense counsel presented testimony that before the murder, Lucas had consumed twelve large beers, ten to twenty marijuana cigarettes, and five dollars' worth of a white powder drug he believed to be Tetrahydrocannabinol (“THC”). Lucas himself testified that he had been high at the time of the murder; had no memory of having a gun, going to Piper's house, or shooting anyone; and had woken up in the woods the next morning.

In rebuttal, a State forensic expert opined that THC did not come in a powder, but in oil, and noted on cross-examination that Phencyclidine (“PCP”) could easily be reduced to powder form. Additionally, the State presented testimony that at about 8:30 p.m. on the night of the murder, Lucas was driving with friends when his car was stopped by Deputy Glenn Boyette of the Lee County Sheriff's Department. Deputy Boyette testified that during the stop, Lucas was rational, was able to stand up well, understood the questions he was asked, made no disturbance, did not have a “crazy look” in his eyes, and was not arrested. Deputy Boyette's name, however, had not been disclosed on the State's witness list.¹

Lucas was convicted as charged on all counts. Following the penalty phase, all twelve members of the jury recommended that the court impose the death sentence on Lucas for the murder of Jill Piper.² On February 9, 1977, the trial judge sentenced Lucas to death for Piper's murder and to thirty years' imprisonment for each of the two counts of attempted first-degree murder, to be served consecutively.

B. Lucas's Direct Appeals and Remands

Lucas appealed both his convictions and sentences to the Florida Supreme Court. Over a period of many years, Lucas's case shuttled back and forth between the Florida Supreme Court and the trial court four times—the Florida Supreme Court repeatedly vacated Lucas's death sentence and remanded to the trial court for resentencing, and the trial court repeatedly reimposed the death penalty. Lucas v. State, 568 So.2d 18 (Fla.1990); Lucas v. State, 490 So.2d 943 (Fla.1986); Lucas v. State, 417 So.2d 250 (Fla.1982); Lucas v. State, 376 So.2d 1149 (Fla.1979).

Relevant for our purposes, on direct appeal the Florida Supreme Court rejected Lucas's claim that the trial court violated Florida Rule of Criminal Procedure 3.220 by allowing Deputy Boyette to testify as an undisclosed rebuttal witness. Lucas, 376 So.2d at 1151–52. The Florida Supreme Court found that the trial judge had erred in allowing this testimony without inquiring into the State's non-compliance with the discovery rule, but that defense counsel had not objected. In this situation, it concluded, the “trial judge was not required to make further inquiry.” Id.

Also relevant today is the penalty phase that took place after the Florida Supreme Court remanded the case for a new sentencing proceeding before a newly empaneled jury. Lucas, 490 So.2d at 945. This 1987 proceeding is the operative sentencing hearing for purposes of this appeal. During voir dire examination, the trial court asked each member of the venire panel if he or she was opposed to the death penalty. After further questioning by the prosecutor, the State peremptorily excused three potential jurors who expressed reservations about the death penalty. Lucas's new counsel, Assistant Public Defender Robert Jacobs, objected to the peremptory challenges, but was overruled by the trial court.³

At the new sentencing proceeding, the State presented much of the same evidence that it had offered initially. This included testimony from the living victims, Terri Rice and Ricky Byrd; the deputies, officers, investigator, and medical examiner who had investigated the crime, as well as Deputy Boyette; two individuals who had seen Lucas before the murder, and had either been threatened by him or fought with him; and Piper's mother.

This time the defense presented substantial mitigating evidence. Several character witnesses (including Lucas's brother, brother-in-law, sister, sister-in-law, and a friend) testified, relaying Lucas's remorse for the murder, his improved disposition, and his trustworthiness. The witnesses also revealed that Lucas had acted “very high” at the time of the crime or shortly thereafter, and that Lucas had taken PCP the same day. Lucas testified as well, confirming that PCP was the drug he had taken. In addition, Lucas's medical expert, psychiatrist Daniel Sprehe, MD, opined about the effects on Lucas of the large amount of alcohol and drugs, mainly PCP, that he had consumed before the crime.

At the end of the resentencing hearing, the jury again recommended that the court impose the death sentence, this time by a vote of 11 to 1. On May 7, 1987, the trial judge again sentenced Lucas to death.

During a subsequent remand...