Robinson v. Beard, Civil Action No. 1:05-CV-1603
Decision Date | 30 September 2011 |
Docket Number | Civil Action No. 1:05-CV-1603 |
Parties | ANTYANE ROBINSON, Petitioner v. JEFFREY BEARD, Commissioner, Pennsylvania Department of Corrections, et al., Respondents |
Court | United States District Courts. 3th Circuit. United States District Court of Middle District of Pennsylvania |
(Chief Judge Kane)
THIS IS A CAPITAL CASE
Before the Court is a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, filed by petitioner Antyane Robinson ("Robinson"), an inmate currently incarcerated at the State Correctional Institution at Greene ("SCI-Greene"), in Waynesburg, Pennsylvania. Robinson challenges his 1997 conviction and sentence in the Court of Common Pleas of Cumberland County, Pennsylvania. For the reasons that follow, the petition will be denied.
On March 13, 1997, Robinson was found guilty of first degree murder, attempted criminal homicide, and related charges following a jury trial in the Court of Common Pleas of Cumberland County, Pennsylvania ("trial court" or "Cumberland county court"). The Pennsylvania Supreme Court summarized the relevant facts as follows:
Commonwealth v. Robinson, 721 A.2d 344, 349-50 (Pa. 1998) ("Robinson-I"). As stated above,the jury found Robinson guilty of all the charges on March 13, 1997. The penalty phase commenced on the following day, March 14, 1997. During the penalty phase, the jury found two aggravating circumstances: (1) Robinson knowingly created a grave risk of death to another, see 42 Pa. Cons. Stat. § 9711(d)(7); and (2) Robinson committed a killing while in the perpetration of a felony, see 42 Pa. Cons. Stat. § 9711(d)(6). The jury also found two mitigating circumstances: (1) Robinson's youth, see 42 Pa. Cons. Stat. § 9711(e)(4); and (2) Robinson's future contributions to society, see 42 Pa. Cons. Stat. § 9711(e)(8). The jury concluded that the aggravating circumstances outweighed the mitigating circumstances and returned a verdict of death, see 42 Pa. Cons. Stat. § 9711(c)(1)(iv). On April 1, 1997, the trial court formally imposed a sentence of death for first degree murder and a consecutive term of imprisonment of six years, nine months to twenty years for aggravated assault.
Following the judgment of sentence, the trial court appointed collateral counsel, David J. Foster, Esquire, pursuant to the Capital Unitary Review Act, 42 Pa. Cons. Stat. §§ 9570 et seq. However, on August 11, 1997, the Supreme Court of Pennsylvania permanently suspended most sections of that Act. Consequently, the trial court vacated the appointment of collateral counsel and directed Robinson's trial counsel to file a concise statement of matters complained of on appeal pursuant to Pennsylvania Rule of Appellate Procedure 1925. By opinion dated November 13, 1997, the trial court denied all issues presented in that appeal.
Represented by trial counsel, Arla M. Waller, Esquire, and Ellen K. Barry, Esquire, Robinson timely filed a direct appeal to the Pennsylvania Supreme Court, raising six (6) claims of trial court error. Specifically, Robinson asserted that the trial court (1) erroneously admitted several pieces of irrelevant evidence at trial; (2) erred in not allowing Robinson's mother totestify as to why Robinson had guns in the house; (3) erred in refusing to give a jury instruction on voluntary manslaughter; (4) erred in failing to include any life qualification questions during voir dire of potential jurors; (5) failed to rehabilitate certain jurors after it was established that they would not vote to impose the death penalty; and (6) failed to give a jury instruction that a life sentence in the Commonwealth of Pennsylvania means life without the possibility of parole, see Simmons v. South Carolina, 512 U.S. 154 (1994). See Robinson-I. The Pennsylvania Supreme Court affirmed the judgment of sentence upon direct appeal in an opinion dated November 24, 1998, and reargument was denied on January 26, 1999. Id.
Following disposition of the direct appeal, on March 2, 1999, the trial court again appointed Attorney Foster for the purpose of filing a petition for collateral relief on behalf of Robinson under Pennsylvania's Post Conviction Relief Act ("PCRA"), 42 Pa. Cons. Stat. §§ 9541 et seq. Thereafter, then-Governor of Pennsylvania Thomas Ridge signed a warrant, scheduling Robinson's execution for May 12, 1999. On April 20, 1999, the Pennsylvania Supreme Court granted Robinson's emergency request for a stay of execution pending the filing and consideration of a petition for writ of certiorari before the United States Supreme Court.
On January 10, 2000, the United States Supreme Court denied Robinson's ...
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