Mashburn v. Dunn
Decision Date | 31 March 2021 |
Docket Number | 1:14-cv-01829-LSC |
Parties | ELLIS LOUIS MASHBURN, JR., Petitioner, v. JEFFERSON S. DUNN, Commissioner, Alabama Department of Corrections, et al., Respondents. |
Court | U.S. District Court — Northern District of Alabama |
Ellis Louis Mashburn, Jr. ("Mashburn") has petitioned for a writ of habeas corpus under 28 U.S.C. § 2254. (See generally Doc. 24) (Mashburn's amended and operative habeas petition). Mashburn challenges the constitutionality of his five capital convictions and death sentence in the Circuit Court of Calhoun County, Alabama for murdering his grandmother, Clara Eva Birmingham, and step-grandfather, Henry Owen Birmingham, Jr. After careful consideration, the Court denies Mashburn's petition. The Court begins with the background of Mashburn's death penalty proceedings.
Quoting from the trial court's amended sentencing order, the Alabama Court of Criminal Appeals ("ACCA") summarized the facts of the double murder and the surrounding circumstances as follows:
Mashburn v. State (Mashburn II), 148 So. 3d 1094, 1102-04 (Ala. Crim. App. 2013) (internal quotation marks omitted) (emphasis in the trial court's amended order) (some alterations added); 1 (see also Doc. 30-29 at 55-66.)
A Calhoun County Grand Jury indicted Mashburn for robbing, burglarizing, and murdering the Birminghams in October 2002 at their home. (Doc. 30-1 at 26-27; Doc. 30-29 at 1-2.) The Grand Jury charged Mashburn with five capital offenses—two counts for murdering the Birminghams during a robbery, two counts for murdering them during a burglary, and one count for murdering them by an act, scheme, or course of conduct. Mashburn v. State (Mashburn I), 7 So. 3d 453, 455-56 (Ala. Crim. App. 2007); see also § 13A-5-40(a)(2), (4), (10), Ala. Code 1975 ( ).
Mashburn pled guilty to the capital counts, and the State presented its guilt-phase case to a jury. Mashburn I, 7 So. 3d at 456; see also § 13A-5-42, Ala. Code 1975 ( ). On September 19, 2006, the jury convicted Mashburn on all counts. (Doc. 30-2 at 79-83; Mashburn I, 7 So. 3d at 456).
The jury's guilty determination triggered penalty-phase proceedings under Alabama law. Mashburn I, 7 So. 3d at 456. After a penalty hearing, the jury found unanimously in a special verdict that Mashburn's crimes "were especially heinous, atrocious or cruel when compared to other capital offenses[.]" (Doc. 30-2 at 84.) Eleven of twelve jurors recommended that Mashburn receive a death sentence. (Doc. 30-2 at 85; Mashburn I, 7 So. 3d at 456). The trial court held a sentencing hearing, accepted the jury's penalty findings, and sentenced Mashburn to death. (Doc. 30-29 at 3; Mashburn I, 7 So. 3d at 456).
Mashburn appealed, and the ACCA rejected the bulk of his challenge but remanded requiring "the trial court [to] enter a new sentencing order that complie[d] with the requirements of § 13A-5-47(d), Ala. Code 1975."2 Mashburn I,7 So. 3d at 465. As documented in the post-remand judgment and sentencing memorandum, the trial court found that Mashburn's intentional killing of two people during the course of a burglary and robbery and the jury's special verdict finding supported four aggravating circumstances. (Doc. 30-29 at 55, 62.) The trial court recognized the absence of a unanimous recommendation of death as a mitigating circumstance. (Id. at 65.) The trial court identified Mashburn's acceptance of legal responsibility; insignificant criminal history; young age; dysfunctional family unit; histories of emotional, physical, and substance abuse; untreated Attention Deficit or Attention Deficit Hyperactivity Disorders; difficult birth, including possible anoxia; lack of mental health treatment, including reports of hearing voices; and the firm meaning of a life sentence without parole as other established mitigating circumstances. (Doc. 30-29 at 63-64; see also Mashburn II, 148 So. 3d at 1131 ( )). While the trial court accepted nearly all of Mashburn's mitigating factors, it rejected Mashburn's reliance on organic brain injury and "significant" mental dysfunction because the asserted conditions lacked a "reliable degree of proof" within the record, including contrary evidence showing that Mashburn had"a structurally normal brain for a male of his age." (Doc. 30-29 at 65.) The trial court concluded that the aggravating aspects of Mashburn's capital offenses "as found by the Jury in its guilt and special verdicts . . . . clearly outweigh[ed]" the mitigating factors. (Id.)
On return to the ACCA, the appellate court...
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