Mason v. Balkcom

• Decision Date: 07 April 1980
• Docket Number: Civ. A. No. 79-127-MAC.
• Citation: 487 F. Supp. 554
• Parties: Guy MASON, Petitioner, v. Charles R. BALKCOM, Warden, Respondent.
• Court: U.S. District Court — Middle District of Georgia

487 F. Supp. 554

Guy MASON, Petitioner, v. Charles R. BALKCOM, Warden, Respondent.

Civ. A. No. 79-127-MAC.

United States District Court, M. D. Georgia, Macon Division.

April 7, 1980.

James C. Bonner, Jr., University of Georgia School of Law, Legal Aid and Defender Soc., Prisoner Legal Counseling Project, Athens, Ga., for petitioner.

William B. Hill, Jr., Asst. Atty. Gen., State of Ga., Atlanta, Ga., for respondent.

RULING ON PETITION FOR A WRIT OF HABEAS CORPUS

OWENS, District Judge.

The petitioner Guy Mason was convicted of murder and sentenced to death following a jury trial in the Superior Court for Baldwin County; on appeal his conviction and sentence was affirmed by the Georgia Supreme Court. Mason v. State, 236 Ga. 46, 222 S.E.2d 339 (1976). Petitioner next filed for a writ of habeas corpus in the Superior Court for Tattnall County. That habeas action was stayed while the petitioner pursued an extraordinary motion for a new trial in the Baldwin Superior Court; after an evidentiary hearing the extraordinary motion was denied by the trial judge. That decision was affirmed on appeal by the Georgia Supreme Court. Mason v. State, 239 Ga. 538, 238 S.E.2d 79 (1977). Subsequently, the Tattnall Superior Court held an evidentiary hearing on the habeas petition and denied that petition in a written opinion entered July 13, 1978. Mason v. Hopper, No. 76-218 (Sup.Ct. of Tattnall County, July 13, 1978). The Georgia Supreme Court denied a certificate of probable cause to appeal on October 3, 1978. Following the extensive state litigation described above, the petitioner filed for a writ of habeas corpus in this court pursuant to 28 U.S.C.A. § 2254. The petitioner has raised essentially six arguments of constitutional error, each of which has been presented to, considered and rejected by the state courts.

I. Facts

The facts surrounding the killing which gave rise to this case are adequately summarized in the opinion of the Georgia Supreme Court entered upon the petitioner's initial appeal.

On September 2, 1974, about 12:30 p. m., James Copeland drove Guy Mason (the appellant^*) and Annie Ruth May (the victim) from their residence to her mother's home. The appellant had two pistols in his possession and gave one of them to the victim. Copeland next saw them at Oscar Davis' Place at approximately 2:30 p. m. that same day in Baldwin County, Georgia.

The testimony concerning the events occurring in Oscar Davis' Place and in the street immediately preceding the death is to some degree in conflict. Copeland testified that the victim was arguing with several people, including the appellant. There is some indication that appellant wanted to leave Oscar Davis' Place, but the victim was not ready. Subsequently, the victim told the appellant that she was ready to go. Appellant left the place first followed by the victim.

The victim's mother, Geneva Simmons, testified that she was present at Oscar Davis' Place but saw nothing of any consequence occur between appellant and the victim. Appellant testified that the victim had threatened to kill him while there. Mary Lee Curry also heard the victim threaten appellant.

J. L. Hitchcock was less than 100 feet from the appellant and the victim when he observed them walk out to the street. Mr. Hitchcock had never seen appellant or the victim before. He had an unobstructed view of the couple as they entered the street. Mr. Hitchcock saw that the victim's hands were down by her side and saw appellant pull a pistol from his right pocket and fire at the victim four times. They were facing each other as the victim moved backwards and the appellant advanced.

James Dennis testified that he heard a lady cursing and saw her reach under her sweater and pull out a pistol. At that time the man accompanying the lady shot her. Appellant testified that after they left Davis' Place he had walked ahead two or three steps, when he turned and saw the victim reach into her bosom and bring out a pistol so that the handle, not the barrel, was visible. He then "went to shooting just like that, how many times I shot I don't know." Appellant further testified that Linda Diane was also with them when he shot the victim. However, James Copeland testified that Linda Diane was with him in Oscar Davis' Place when the victim was shot.

When the shots were fired, Daisey Mae Powell (the victim's sister) ran into Oscar's Place and stated that appellant had just shot Annie Ruth May. James Copeland ran to the scene and removed the pistol (State's exhibit no. 4) from the victim's bosom and placed it in his belt. James Dennis testified for the appellant that he saw some man remove the pistol from the victim's hand.

Upon arriving at the scene after a call at 3:54 p. m., Officer Thomas Aycock found the victim lying approximately 150 feet from Oscar Davis' Place. She had gunshot wounds in the temple area of her head and the upper part of her right leg.

Appellant surrendered to the sheriff about 5:00 p. m. on September 2, 1974. He entered the sheriff's office with a pistol in his hand and stated that he had just shot Annie Ruth May.

The pistol allegedly carried by the victim was recovered from a pool room where it had been pawned by James Copeland.

Mason v. State, supra 236 Ga. at 46-7, 222 S.E.2d 339, 340.

The facts concerning events at the petitioner's trial which gave rise to his complaints of constitutional error will be set out below in connection and as relevant to the discussion of each of the petitioner's arguments.

II. The Burden of Proof

The petitioner complains that certain portions of the trial judge's charge either impermissibly relieved the prosecution of its full burden of proof on an essential element of the crime of murder, namely intent, or impermissibly shifted the burden of proof on that element from the prosecution to the petitioner. Relevant portions of the charge are set out below:

Now, Ladies and Gentlemen, I will read you certain definitions under the Criminal Code of our State Code Section 26-1101 provides in part as follows: "A person commits murder when he unlawfully and with malice aforethought, either expressed or implied, causes the death of another human being. Expressed malice is that deliberate intention, unlawfully, to take away the life of a fellow creature which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart. (T. 147).

. . . . .

Now, Ladies and Gentlemen of the Jury, malice is an essential ingredient in the offense of murder, and it must exist before any homicide can be murder. But malice in it's legal sense, is not necessarily ill will or hatred. It is the unlawful, deliberate intention to kill a human being without excuse, justification or mitigation. It is not necessary, however, that this unlawful, deliberate intention should exist for any particular length of time before the killing. If it enters the mind of the slayer a moment before he fires the fatal shot that is sufficient.

I charge you that the law presumes that a person intends to accomplish the natural and probable consequences of his conduct, and where a person uses a deadly weapon in the manner in which such weapons are ordinarily employed to produce death, thereby causing the death of a human being the law presumes an intention to kill. (T. 147-48).

I further charge you that if you believe beyond a reasonable doubt that the defendant in this County, at any time prior to the filing of the indictment, with the weapon named in the indictment, and with malice aforethought, either expressed or implied, did unlawfully kill the victim named in the indictment, and you believe the weapon used in the manner used, if one was used, was one likely to produce death, then you would be authorized and it would be your duty to convict the defendant of the offense of murder. . . . (T. 148).

I charge you the pertinent portions of Code Section 26-901, the fact that a person's conduct is justified is a defense to prosecution for any crime based on that conduct . . ..

A person is justified in threatening or using force against another, when, and to the extent that he reasonably believes that such threat or force is necessary to defend himself against such others imminent use of lawful force. (T. 149).

I charge you that if you believe his contentions in that he was justified under the principles of law as I have given you in charge, I charge if you believe the defendant's contentions to be the truth of the case, or if there is a reasonable doubt upon your mind, you should acquit the defendant. (T. 149).

. . . . .

I charge you that on the trial of a defendant charged with the crime of murder, the burden is on the State to prove malice either expressed or implied beyond a reasonable doubt, then there can be no verdict of guilty of murder as there can be no murder without malice.

I charge you that malice is a state of mind and is a premeditated, deliberate intention and desire and designed (sic) to unlawfully kill another human being. In this connection I charge you that if you find the defendant acted in self-defense, then there would be no premeditation and deliberation and it would be your duty to find the defendant not guilty. (T. 151).

I charge you as to the offense of murder or any lesser included offense, the State has the burden of proving the accused to be guilty beyond a reasonable doubt, the State has the necessity of establishing each and every essential part of the crime and each separate fact or link which goes to make the chain of circumstances and all of this must be proven to you beyond a reasonable doubt. (T. 151).

. . . . .

In connection with the law on self-defense which I have given you, I charge you that in determining whether or not the Defendant acted in self-defense you're instructed that the burden is upon the State to prove to you beyond a reasonable doubt

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