Robinson v. Beard

• Decision Date: 12 August 2014
• Docket Number: No. 11–9003.,11–9003.
• Citation: 762 F.3d 316
• Parties: Antyane ROBINSON, Appellant v. Jeffrey BEARD, Commissioner, Pennsylvania Department of Corrections; Louis Folino, Superintendent of the State Correctional Institution at Greene; Franklin Tennis, Superintendent of State Correctional Institution at Rockview; Attorney General of the State of Pennsylvania; Jaime Keating.
• Court: U.S. Court of Appeals — Third Circuit

762 F.3d 316

Antyane ROBINSON, Appellant

v.Jeffrey BEARD, Commissioner, Pennsylvania Department of Corrections; Louis Folino, Superintendent of the State Correctional Institution at Greene; Franklin Tennis, Superintendent of State Correctional Institution at Rockview; Attorney General of the State of Pennsylvania; Jaime Keating.

No. 11–9003.

United States Court of Appeals,Third Circuit.

Argued Oct. 21, 2013.

Filed Aug. 12, 2014.

Matthew C. Lawry, Esq. (Argued), Timothy P. Kane, Esq., Federal Community Defender Office for the Eastern District of Pennsylvania, Philadelphia, PA, Beth A. Muhlhauser, Esq., Anne L. Saunders, Esq., Office of Federal Public Defender, Harrisburg, PA, Attorneys for Appellant Antyane Robinson.

Jaime M. Keating, Esq. (Argued), Cumberland County Office of District Attorney, Carlisle, PA, Attorney for Appellees.

Before: CHAGARES, VANASKIE, and ALDISERT, Circuit Judges.

OPINION

CHAGARES, Circuit Judge.

Antyane Robinson appeals the District Court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. Robinson received a death sentence after a jury convicted him of first degree murder and related charges. For the reasons that follow, we will affirm the judgment of the District Court.

I.

On March 13, 1997, following a jury trial in the Cumberland County Court of Common Pleas, Robinson was convicted of first degree murder of Rashawn Bass, attempted criminal homicide of Tara Hodge, and related offenses. The evidence at trial established that, on June 29, 1996, Robinson made an unannounced visit to Hodge, his ex-girlfriend, at her apartment. When Robinson discovered that Hodge's new boyfriend, Bass, was taking a shower in the apartment, an argument ensued. Robinson told Hodge to make Bass leave the apartment, but Hodge refused and attempted to block Robinson from entering the bathroom. Robinson pulled a semiautomatic handgun out of his waistband and shot Hodge in the head, rendering her unconscious. Robinson then proceeded into the bathroom and shot Bass seven times, killing him. Hodge survived and called the police after she regained consciousness.

At trial, the prosecutor emphasized that Robinson was from the “big city,” and that he shot two people for “a perceived disrespect.” See Appendix (“App.”) 164. The prosecutor elicited testimony concerning Robinson's attempts to purchase firearms years before the offense as well as Robinson's possession of a gun, bulletproof vest, ammunition, and other military gear. The trial court also admitted evidence seized from Robinson's home, including photographs of Robinson posing with guns. See Commonwealth v. Robinson, 554 Pa. 293, 721 A.2d 344, 350 (1998) (“ Robinson I ”). In his closing argument, the prosecutor described Robinson as follows:

Now, there was an image projected here, and it's that big city image.... Man, I got to carry a gun wherever I go. [Robinson's] not the person in here that all my life I've been treated so badly. This is the image of a kind of person capable of forming specific intent to kill. This is a lifestyle. You look at that and you judge these acts carefully..... [A] person that wants to project this kind of image, the kind of guy that has to drive into Cumberland County and have guns in his waistband and his home has to have a bullet proof vest, those are the kind of guys I submit to you that say I ain't going to be disrespected, disrespect me and you're going to have to pay.

App. 452–56.

During the penalty phase of Robinson's trial, the prosecutor elicited testimony indicating that Robinson: was on probation at the time of the murder for a prior assault and battery and carrying a deadly weapon, App. 530; violated various conditions of his probation, App. 515; and was convicted for assaulting another woman, App. 518–19. The prosecutor also described to the jury the purpose of aggravating circumstances: “there are some crimes and the manner in which you do them that are more terrible than other ones, and we want to tell people, okay, do the first crime but for God sake then stop.” App. 537. Explaining the applicability of aggravating circumstances to Robinson's case, the prosecutor stated: “[a]nd then while he is killing Rashawn [Bass] another person gets almost killed. That's a serious thing that we have to stop....” App. 543. In addition, he described the applicability of the “grave risk” aggravating circumstance, 42 Pa. Cons.Stat. § 9711(d)(7), to the jury as follows:

Here we're trying to say, gees, ... if you're going to kill somebody, don't create a risk of killing someone else. Because in the course of this killing, and by your very verdicts you said, yeah, he killed Rashawn Bass and he had the specific intent to do that, and while he's doing that, in the course of that killing, he also created grave risk of death to Tara Hodge, and you heard that testimony. The doctor said had that angle changed just a bit, that girl would be dead. You all heard about what a vital organ the head is, and that's just a common sense thing. So if you're going to create a grave risk of death, that puts you in that seat that we're sitting in today.

App. 538.

Following closing arguments at the penalty phase, Robinson's counsel moved for a jury instruction, pursuant to Simmons v. South Carolina, that Robinson would be ineligible for parole should he receive a life sentence rather than the death penalty. See 512 U.S. 154, 114 S.Ct. 2187, 129 L.Ed.2d 133 (1994) (holding that the jury must be informed that the defendant is ineligible for parole when the prosecution raises the defendant's future dangerousness and state law prohibits release on parole for capital defendants). Robinson's counsel argued that “the Commonwealth put ... the issue of future dangerousness in when he said it was a lifestyle choice ... [and] bringing into issue the other shootings makes future dangerousness an issue.” App. 533. The prosecutor responded: “I think the jurors have a right to hear what his past has been. I do not intend to argue that he will be a future danger.” Id. The trial court denied defense counsel's motion and did not give the jury a Simmons instruction.

Finally, the trial court gave the following jury charge, in pertinent part, regarding aggravating circumstances:

In this case, the aggravating circumstances that are being submitted to you for your consideration to determine whether the Commonwealth has proven them beyond a reasonable doubt are ... right out of the Pennsylvania statute.... One, in the commission of the criminal homicide defendant knowingly created a grave risk of death to Tara Hodge and in addition to Rashawn Bass who was the victim of the offense.

App. 560–61. Robinson's counsel did not object to this instruction.

The jury found unanimously that two aggravating circumstances applied to Robinson: (1) knowingly creating a grave risk of death to another person in addition to the victim in the commission of a murder, 42 Pa. Cons.Stat. § 9711(d)(7); and (2) committing a murder while in the perpetration of a felony, id. § 9711(d)(6). The jury also found two mitigating circumstances: (1) Robinson's youth, id. § 9711(e)(4); and (2) his future contributions to society, see id. § 9711(e)(8). After concluding that the aggravating circumstances outweighed the mitigating circumstances, see id. § 9711(c)(1)(iv), the jury returned a verdict of death. On April 1, 1997, the trial court formally imposed upon Robinson a death sentence for first degree murder and a consecutive term of imprisonment of six years and nine months to twenty years for aggravated assault.

The Pennsylvania Supreme Court affirmed Robinson's conviction and sentence. Robinson I, 721 A.2d 344. The United States Supreme Court denied Robinson's petition for a writ of certiorari. Robinson v. Pennsylvania, 528 U.S. 1082, 120 S.Ct. 804, 145 L.Ed.2d 677 (2000). On October 16, 2000, Robinson filed a counseled petition under Pennsylvania's Post Conviction Relief Act (“PCRA”), 42 Pa. Cons.Stat. §§ 9541–9546. Following hearings held on October 10 and 18, November 29, and December 14, 2001, the state court denied Robinson's PCRA petition. The Pennsylvania Supreme Court affirmed the denial of his PCRA petition. Commonwealth v. Robinson, 583 Pa. 358, 877 A.2d 433 (2005) (“ Robinson II ”).

On August 8, 2005, Robinson filed a counseled petition for a writ of habeas corpus under 28 U.S.C. § 2254 in the United States District Court for the Middle District of Pennsylvania. On January 19, 2006, he filed an amended petition. Robinson asserted eighteen grounds for relief, including the two that he argues in this appeal: (1) the state trial court violated his due process rights when it declined to give a Simmons instruction; and (2) there was insufficient evidence to support the jury's finding of the “grave risk” aggravating circumstance, and the trial court improperly instructed the jury with regard to this aggravating circumstance.

On September 30, 2011, the District Court denied Robinson's petition. The District Court found that: (1) “when considered in context, the prosecutor's questioning and comments did not convey a message that Robinson posed a threat of future dangerousness if not sentenced to death,” and therefore a Simmons instruction was not required, Robinson v. Beard, No. 1:05–CV–1603, 2011 WL 4592366, at *62 (M.D.Pa. Sept. 30, 2011); and (2) there was “ample evidence” to support the jury's finding that the “grave risk” aggravating circumstance applied, and the trial court did not improperly instruct the jury, id. at *58. The court granted a certificate of appealability on the issues of “whether the trial court's jury instruction on the “grave risk” aggravating circumstance ran afoul of the Eighth Amendment and whether there was sufficient evidence to support a finding that the “grave risk” aggravating circumstance was applicable to Robinson.” Id. at *72.

Robinson filed a notice of appeal on October 28, 2011. Thereafter, he filed a motion in this Court to...