Lynch v. Thomas

• Court: U.S. District Court — Middle District of Alabama
• Writing for the Court: WALLACE CAPEL, JR. UNITED STATES MAGISTRATE JUDGE
• Decision Date: 08 September 2014
• Docket Number: CIVIL ACTION NO. 3:11-CV-774-WHA
• Citation: Lynch v. Thomas, CIVIL ACTION NO. 3:11-CV-774-WHA (M.D. Ala. Sep 08, 2014)
• Parties: MARVIN DALLAS LYNCH, #214178, Petitioner, v. WILLIE THOMAS, et al., Respondents.

MARVIN DALLAS LYNCH, #214178, Petitioner, v. WILLIE THOMAS, et al., Respondents.

CIVIL ACTION NO. 3:11-CV-774-WHA

DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION

September 8, 2014

RECOMMENDATION OF THE MAGISTRATE JUDGE¹

I. INTRODUCTION

Marvin Dallas Lynch ["Lynch"], a state inmate, filed this 28 U.S.C. § 2254 petition for habeas corpus relief on September 16, 2011.² In this petition, Lynch challenges convictions for reckless endangerment, first degree robbery and second degree theft of property imposed upon him by the Circuit Court of Chambers County, Alabama on November 4, 2008.

II. PROCEDURAL HISTORY

On April 23, 2008, law enforcement officials arrested Lynch on charges related tothe convictions challenged in this habeas action and transported him to the Chambers County Sheriff's Department. Law enforcement officials sought to conduct an interview of Lynch and advised of him Miranda rights. After Lynch verbally acknowledged his understanding of these rights and waived such rights, he made an initial statement denying involvement in the actions made the basis of the charges lodged against him. A few days later, during his confinement in the Chambers County Jail, Lynch provided a second statement to investigators. Prior to obtaining this statement, law enforcement officials again advised Lynch of his Miranda rights. Lynch acknowledged his understanding of these rights and signed a waiver of rights form. Respondents' Exhibit A - Doc. No. 10-1 at 42. In this second statement, Lynch admitted that he drove to a barn owned by Mr. Douglas Edmondson on April 23, 2008 where he "loaded up a couple of blue pumps" and a "transmission" onto his truck. Id. at 44-45. Lynch stated that before he exited the property with these items, Edmondson "pulled up [in a red truck] behind my truck." Id. at 44. At this time, Lynch "asked [Edmondson] who owned this property and he said 'I do.' Then I asked the man if he wanted to get rid of some of the scrap he had up there and he said 'Hell no' and 'that looks like my transmission on the back of your truck." Id. at 45. Lynch advised that he then exchanged words with Edmonson and attempted to drive away with the pumps and transmission on his truck when Edmondson "fired one shot over my truck. I got out of my truck and told the old man I didn't have his stuff. I had may handsup and he turned away from me and said come with me. I then saw he wasn't looking and I grabbed the gun and pushed it into the ground. I had my finger on the trigger and 5 rounds got fired into the ground, while [I was trying] to get the gun away from the old man. When I finally got the gun away [from him] I put it in the cab of my truck.... The man got in his truck and he rammed my truck causing my door to slam. I open[ed] the door and got in my truck, as I was trying to leave the man side swiped [my truck] with his truck." Id. Lynch stated that he then left the scene in his truck and after traveling an unknown distance he "threw the transmission off my truck into the woods. I drove a little further then threw the gun into a creek." Id. at 46. Lynch later led law enforcement officials to the creek where he had disposed of the rifle and officials retrieved the rifle from the creek.

On August 27, 2008, a grand jury for Chambers County, Alabama issued a multiple-count indictment against Lynch. The counts contained in the indictment relevant to this case charged Lynch with attempted murder, for which he was convicted of the lesser-included offense of reckless endangerment, first degree robbery and second degree theft of property. In Count 1 of the indictment, the grand jury charged that "Marvin Dallas Lynch, ... did, with the intent to commit the crime of Murder, attempt to intentionally cause the death of another person, to-wit: Douglas Edmondson, by shooting at him with a .22 rifle, a further description of which is otherwise unknown to the Grand Jury, in violation of Section 13A-6-2 of the Code of Alabama [and] ... [Code] Section 13A-4-2 ..."Respondents' Exhibit A (Vol. I) - Doc. No. 10-1 at 2. Count 2 of the indictment charged that "Marvin Dallas Lynch ... did, in the course of committing a theft of property, to-wit: transmission pumps and assorted scrap metal, further descriptions of which are otherwise unknown to the Grand Jury, the property of, Douglas Edmondson, use force or threaten the imminent use of force against the person of Douglas Edmondson ... with the intent to overcome his physical resistance or physical power of resistance or to compel acquiescence to the taking of or escaping with the property, while the said, Marvin Dallas Lynch was armed with a deadly weapon or dangerous instrument, to wit: a .22 rifle, a further description of which is otherwise unknown to the Grand Jury, in violation of Section 13A-8-41 of the Code of Alabama ..." Id. Finally, Count 3 of the indictment charged that "Marvin Dallas Lynch ... did knowingly obtain or exert unauthorized control over the following property, to wit: one (1) .22 rifle, a further description of which is otherwise unknown to the Grand Jury, the property of, Douglas Edmondson, with the intent to deprive the owner of the said property, in violation of Section 13A-8-4 of the Code of Alabama ..." Id.

On September 22, 2008, Lynch executed a "Plea of Not Guilty and Waiver of Arraignment" with respect to the charges lodged against him and acknowledged he had been informed of and received a copy of these charges. Respondents' Exhibit A (Vol. I) - Doc. No. 10-1 at 4. Counsel certified that he "explained to the Defendant his right to beArraigned in person and his right to have [counsel] represent him at Arraignment ... [and that the Defendant] hereby knowingly, voluntarily, and intelligently waives these rights after a full and complete explanation of each and every one of them to him/her by me." Id. Lynch signed the document certifying that his attorney "explained [to him] each and every matter and right set forth in this form." Id.

On October 28, 2008, defense counsel filed a motion to suppress the statements obtained from Lynch. Exhibit A (Vol. I - Trial Transcript) - Court Doc. No. 10-1 at 9-11. In this motion, counsel argued that "the statements were secured by interrogation after Defendant Lynch had asserted his right to counsel." Id. at 11. Counsel sought "an order suppressing [Lynch's incriminating statement] to government agents and further suppressing all fruits derived therefrom." Id.

The trial court conducted a suppression hearing on the admissibility of the statements Lynch provided to police. The relevant portion of the suppression hearing transcript provides as follows:

MR. WELDON [The Prosecutor]:

Q. Tony, for the Record, state your named.

A. Tony Ward.

Q. Where are you employed?

A. With the Chambers County Sheriff's Department as an investigator.

Q. Were you employed there back in April of 2008?

A. Yes, I was.

Q. All right. Did you have an opportunity to get involved in this case concerning Mr. Marvin Dallas Lynch?

A. Yes, I did.

Q. All right. Now, what was your initial involvement in this case?

A. My initial involvement was responding to the first call put out by dispatch concerning Mr. D. H. [Edmondson] being robbed.

Q. All right. Y'all were able to make an arrest and apprehend Mr. Marvin Lynch, correct?

A. Correct.

Q. All right. Now, initially you took Mr. Lynch to the sheriff's department?

A. To the investigative office at the sheriff's department.

Q. What was the purpose of this?

A. To conduct an interview of him.

Q. All right. Now, tell me about that interview.

A. We had Mr. Lynch handcuffed because of the nature of the case. We took him into the sheriff's department investigative offices. Investigator Herbert or Sergeant Herbert -- excuse me -- got a "Waiver of Rights" form out, advised Mr. Lynch of his rights. He acknowledged all of them and stated he was willing to make a statement. Sergeant Herbert signed it, I witnessed it, and a note was placed on the bottom of it by Sergeant Herbert that Mr. Lynch did not sign it due to being handcuffed.

Q. Okay and that's the initial Miranda; is that correct?

A. That is correct.

Q. Now, at the time of this initial Miranda, you went over his rights. That's your standard Miranda form; is that correct?

A. Correct.

Q. That's the document that I've just placed in your hand. For the purposes of this hearing, we'll call it State's Exhibit 1. Read that into the record, if you would.

A. It says "Your rights." And at the top it has got a place for the name, date of birth, address, social security number and phone number of the defendant, the place where the interview takes place, the date, and the time.

First, line says, "Before we ask you any questions, you must understand your rights. Number one, you have the right to remain silent.

"Number two, anything you say can and will be used against you in a court of law.

"Number three, you have a right to a lawyer and to have him present with you while you're being questioned.

"Number four, if you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish.

"Number five, you can decide at any time to exercise these rights and not answer any questions."

The bottom part is "Your Waiver of Rights." "I have read this statement of my rights or have had them read to me and understand what my rights are. I am willing to waive these rights and make a statement. No promises or threats have been made to me, and no pressure or coercion of any kind has been used against me."

Q. This was the first statement at the investigator's office; is that correct?

A. Correct.

Q. All right. Now, at the time that you went over these Mirandas, did you or anyone in your presence use force or threaten to use force against Mr. Lynch to give a statement?

A. We did not.

Q. Did anyone tell Mr. Lynch that it would be better for him to give a statement?

A. No, we did not.

Q. At this time anything he said was voluntary?

A. Correct.

Q. And you went over the...