Pitts v. Redman

• Citation: 776 F. Supp. 907
• Decision Date: 07 November 1991
• Docket Number: Civ. A. No. 89-91-JRR.
• Parties: Courtland C. PITTS, Petitioner, v. Walter W. REDMAN, Warden, Delaware Correctional Center, and Charles M. Oberly, III, Attorney General of the State of Delaware, Respondents.
• Court: United States District Courts. 3th Circuit. United States District Court (Delaware)

776 F. Supp. 907

Courtland C. PITTS, Petitioner, v. Walter W. REDMAN, Warden, Delaware Correctional Center, and Charles M. Oberly, III, Attorney General of the State of Delaware, Respondents.

Civ. A. No. 89-91-JRR.

United States District Court, D. Delaware.

November 7, 1991.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Courtland C. Pitts, pro se.

Loren C. Meyers, Deputy Atty. Gen., Wilmington, Del., for respondents.

OPINION

ROTH, Circuit Judge.¹

Courtland C. Pitts brought this application for federal habeas relief from his state court conviction. Pitts was convicted in February 1983 of ten counts of felony theft and five counts of misdemeanor theft, but acquitted of one count of felony theft and sixteen counts of third degree burglary. He was sentenced to two years imprisonment for each felony count and one year imprisonment for each misdemeanor, for a total of 25 years. The Superior Court further directed that Pitts not be released on work release or supervised custody pursuant to 11 Del.Code Ann. § 4204(k) (1987). On appeal, the Delaware Supreme Court affirmed the convictions. Pitts v. State, 474 A.2d 141 (Del.1983). Pitts then applied for state post-conviction relief; after an evidentiary hearing, the Superior Court denied the motion, a decision which was affirmed on appeal by the Delaware Supreme Court. Pitts v. State, 549 A.2d 699 (Del. 1988) (Docket Item, "D.I.", 11A). Pitts has previously applied for federal habeas relief, but the case was dismissed for nonexhaustion of state remedies. Pitts v. Ellingsworth, C.A. No. 84-72-JLL (D.Del. June 4, 1984).

In his pending application for federal habeas relief, Pitts advances the following claims:

1) the state judge was required to allow him to proceed pro se;

2) the failure to sever the charges for trial rendered his trial fundamentally unfair;

3) because he was handcuffed and shackled during part of the trial, at some distance from his attorney, the State interfered with his right to assistance of counsel;

4) the condition that he not be placed on work release or supervised custody violates the cruel and unusual punishments clause;

5) his acquittal on the burglary charges and conviction for theft is inconsistent;

6) the evidence is insufficient to support the conviction;

7) because of pretrial publicity and publicity during the trial, he was not tried by an impartial jury;

8) his arrest, detention and the subsequent search of his house and cars violated the Fourth Amendment;

9) the trial judge was personally biased against him;

10) the trial judge should have declared a mistrial after Pitts became involved in a fight with guards in the courtroom;

11) the trial judge, when rereading jury instructions, should have also reinstructed the jury on the burden of proof, reasonable doubt, and circumstantial evidence;

12) defense counsel rendered ineffective assistance in the following manner:

a) counsel did not investigate the facts surrounding Pitts' arrest, detention and the police search of his house and cars;

b) counsel indicated that police had fingerprint evidence when there was no such evidence;

c) counsel failed to provide Pitts with a copy of the transcript for appeal purposes;

d) counsel did not ask for certain jury instructions; and

e) counsel, at a hearing on a motion for judgment of acquittal, advised the trial judge of state caselaw that was contrary to Pitts' position;

13) counsel representing him in state post-conviction proceedings failed to properly represent him.

D.I. 14, 16-17A.

The Magistrate's Report and Recommendation of December 5, 1990 recommends dismissal of the application and denial of the writ. Pitts filed timely objections to the Magistrate's Report. D.I. 23 (Dec. 12, 1990). Having reviewed the Report and Recommendation and Pitts' objections, and having conducted a de novo review of the record, we conclude that we agree with the Magistrate's recommendation. We adopt the Magistrate's treatment of Points Two through Thirteen, with minor comments noted below. We believe, however, that the law with regard to the right to self-representation raised in Point One is subject to more than one interpretation and thus warrants further discussion.

I. FACTS

Between May and September 1982, a series of commercial burglaries occurred in Kent County, Delaware, described seriatim:

1) On May 5, 1982, employees at the Elks Club building in Dover discovered that the building had been entered during the night. An office desk and filing cabinets had been pried open, and several doors had been damaged. A radio, the office safe, a money bag bearing the letters "RWB", and about $1,500 in cash were taken. In addition, a box of sugar packets, and a box of tea bags unavailable in retail stores, were taken. D.I. 11A, Trial Transcript, I-17-27 hereinafter Tr..

2) Between Sunday afternoon, May 23, 1982 and Monday morning, May 24, 1982, an intruder entered the garage of L & S Auto Sales in Dover, Delaware. Pliers, wrenches and other tools, plus a tool box, were stolen in the burglary. The estimated value of the tools and tool box was $450.00. Tr. I-52-55, 58-59.

3) On June 7, 1982, the manager of North Carolina Furniture in Dover discovered that the store had been entered during the night. A 12-inch black and white television, valued at $89.00 to $100.00, had been stolen and the office had been rifled. Tr. I-30-35.

4) During the night of June 8, 1982, the store of B. Carroll & Sons, the local International Harvester dealer, was burglarized. A number of tools, a radio, spark plugs, and jumper cables were taken. In addition, the office had been ransacked, and the intruder had attempted to break into the soda machine. The loss attributable to the theft of the tools and equipment was at least $743.00. Tr. I-36-44, 47.

5) A truck driver for Kent & Sussex Oil near Dover found on the morning of June 12, 1982, that the warehouse and office had been entered during the night. A soda machine and the office safe had been damaged. In addition, a stereo valued at $450.00, a lawn mower worth $200.00, and two fishing poles and reels valued at $150.00 had been stolen. Tr. I-104-08, 111-13.

6) On the morning of July 29, 1982, employees at Wharton & Barnard, an automobile parts store in Dover, discovered that the store had been burglarized. According to the manager, cash had been taken, as had numerous hand tools, an air hammer, a utility light, battery charger, shock absorbers, a carburetor, tool box, and a jack. The items were valued at $820.00. Tr. I-60-68.

7) Also on July 29, 1982, employees of the Delaware Farm Credit Bureau in Dover reported a burglary. A window had been broken and the offices had been ransacked. A 35mm camera, a Polaroid camera, calculators, small dictating machines, and micro-cassettes for use in the stolen dictating machines had been stolen. The 35mm camera was valued at $578.85. Tr. I-69-77.

8) The owners of Neaton's Tire Service on South Governors Avenue in Dover reported a burglary on August 14, 1982. The intruders had entered the warehouse adjacent to the store and the store office had been ransacked. Approximately 20 tires had been stolen, along with air shock absorbers, regular shock absorbers, and an alternator. The stolen items were valued at approximately $4,500.00. Tr. I-78-90.

9) On August 18, 1982, employees of Winner Ford in Dover discovered that the premises had been entered during the night. Two am/fm stereo cassette radios, one valued at $140.00 and the other at $114.00, had been taken from a display case. Tr. I-91-97.

10) The following morning, August 19, 1982, employees of Link Enterprises near Dover reported a burglary. They determined that two chain saws, each valued at $300.00, a calculator worth $25.00, and $175.00 in cash had been taken. Tr. I-122-25.

11) The Super Soda Center, located at State Street and Cooper's Corner near Dover, was burglarized during the night of August 18 and employees discovered the burglary on the morning of August 19, 1982. The office had been ransacked and a money bag containing over $3,660.00 had been removed from the safe. Tr. I-142-45.

12) On September 4, 1982, employees of the Super Soda Center on Saulsbury Road in Dover reported a burglary to police. The safe had been opened and a money bag containing $50.00 had been taken, along with $1,500.00 in cash. Tr. I-150-52, 155-57.

13) During the weekend of September 11-12, burglars entered Nucar Toyota in Milford; employees discovered the entry on Monday morning, September 13, 1982. A showcase and offices had been ransacked, and radios and cassette players valued at $600.00 had been taken. Tr. I-161-67.

14) Employees of Wright's Auto Parts in Milford discovered on September 15, 1982 that the store had been burglarized. A side door had been forced open and merchandise and office records were scattered throughout the building. The office safe had also been damaged in an effort to open it. A variety of tools, gloves and car deodorizers were stolen; including the damage to the door and safe, the business reported a loss of more than $1,500.00 to its insurer. Tr. I-98-102.

15) Also on September 15, 1982, employees at Esposito's Hair Concept in Milford reported a burglary. Various papers, magazines, and beauty supplies had been thrown onto the floor. A portable radio belonging to one of the hairdressers had been stolen. In addition, two pairs of clippers, worth $30.00 each, and about $30.00 in change, all belonging to one of the barbers, had been taken, as had a key to the soda machine. Tr. I-127-31, 135-41, 174-76.

Pitts was arrested on September 15, 1982 after a police officer saw several boxes with the word "Toyota" printed in bold letters in the open trunk of the car Pitts was driving. Tr. I-185. The police officer had been prompted to stop and investigate because the car was parked in the road, trunk open, and several people were peering into its interior. Tr. I-185. The officer was aware that Pitts was a suspect in the...