Robinson v. Moore

Decision Date08 August 2002
Docket NumberNo. 01-14273.,01-14273.
Citation300 F.3d 1320
PartiesJohnny L. ROBINSON, Petitioner-Appellant, v. Michael W. MOORE, Secretary, Department of Corrections, Robert Butterworth, Florida Attorney General, Respondents-Appellees.
CourtU.S. Court of Appeals — Eleventh Circuit

Peter James Cannon, Capital Collateral Regional Counsel, Tampa, FL, for Petitioner-Appellant.

Judy Taylor Rush, Kenneth Sloan Nunnelley, Dept. of Legal Affairs, Daytona Beach, FL, for Respondents-Appellees.

Appeal from the United States District Court for the Middle District of Florida.

Before EDMONDSON, Chief Judge, and CARNES and HULL, Circuit Judges.

HULL, Circuit Judge:

Johnny L. Robinson appeals the denial of his § 2254 petition challenging his death sentence. After review and oral argument, we affirm.

I. BACKGROUND

During 1986, Robinson was convicted in the Circuit Court of St. Johns County Florida of first-degree murder, kidnapping, armed robbery and sexual battery of Beverly St. George, and was sentenced to death on the murder conviction. On direct review, the Florida Supreme Court reversed his death sentence. Robinson v. State, 520 So.2d 1 (Fla.1988) ("Robinson I").

During the resentencing on remand, the State argued that several statutory aggravating circumstances warranted the death penalty in Robinson's case.1 A jury again recommended death, by a vote of eight to four.2 The state trial court accepted that recommendation and imposed the death penalty. The Florida Supreme Court affirmed Robinson's death sentence. Robinson v. State, 574 So.2d 108 (Fla.1991) ("Robinson II").

Subsequently, Robinson brought a Rule 3.850 motion in state court challenging again his murder conviction and death sentence. The 3.850 court denied relief, and the Florida Supreme Court affirmed that denial. Robinson v. State, 707 So.2d 688 (Fla. 1998) ("Robinson III"). The Florida Supreme Court determined that no reasonable probability exists that the mitigation evidence gathered post-resentencing and presented to the 3.850 court would have altered the balance of aggravating and mitigating factors in this case. Id. at 695-97. The Florida Supreme Court affirmed the 3.850 court's determination that Robinson had not demonstrated the prejudice necessary to mandate relief. Id. at 697.

Robinson then filed a § 2254 petition, which the district court denied. This Court granted a certificate of appealability as to whether Robinson received ineffective assistance of counsel during resentencing. The crux of Robinson's claim is that his counsel failed to investigate and present available mitigation evidence. Thus, we first review (a) the aggravating and mitigating evidence presented during resentencing and (b) the newly-gathered mitigation evidence in the state 3.850 hearing. We then explain why the district court properly concluded that the Florida Supreme Court's decision — that Robinson had not demonstrated the prejudice necessary to mandate relief — was neither contrary to, nor involved an unreasonable application of, clearly established federal law as determined by the United States Supreme Court. See 28 U.S.C. § 2254(d)(1).

II. RESENTENCING TRIAL
A. Aggravating Circumstances
1. Testimony of Accomplice Fields

During resentencing, the State read to the jury portions of Clinton Bernard Fields's testimony from the guilt phase, which detailed how Robinson murdered Beverly St. George.3 According to Fields, he and Robinson were at a party on the night of August 11, 1985. After leaving that party together, Robinson and Fields were driving on Interstate 95. While driving, Robinson and Fields saw a green car parked in the emergency lane. Robinson, who was driving, pulled over, "walked up to the green car ... [and] opened the door and put a handgun out his pants." Robinson came back with "this girl in his hand," and "[h]e had the gun on her ... you know, pointing at her, aimed at her." Robinson got into the back seat of his car with the woman, put handcuffs on her, and told Fields to drive away. The woman was later identified as Beverly St. George.

Subsequently, Robinson again took over the driving and drove to the Pellicer Creek Cemetery where he took the handcuffs off of St. George and told her to take off all her clothes. St. George then "got on the hood of the car," and Robinson "put his penis inside her." After Robinson "got off her," he told Fields "to go ahead and get it, get on her." Fields told Robinson that he "don't really need it, because I got a girlfriend." Robinson then "raised his voice," and told Fields to "just go ahead on." Scared by Robinson, Fields "went ahead and put it in her and pulled it back out." When Fields finished, Robinson "got back on her" and had sex with St. George a second time. While having sex, Robinson "had the gun in his hand lying on the hood of the car, [and] had his hand over the gun."

Fields explained that during the sex with Robinson, St. George could see the gun that Robinson had in his hand. Fields described how St. George appeared scared, and that, on the way to the cemetery, St. George asked repeatedly whether they were going to kill her. According to Fields, "she was begging, you know, `Is you-all going to take me back to my car? Is you-all going to kill me or what?'" Fields assured her they would not kill her.

After raping St. George a second time, Robinson expressed concern that St. George could later identify them. Fields responded, "Well, it's dark. You know, ain't no way she could do that there, you know." Robinson disagreed, stating, "Well, only way she can't do that there, I just go ahead and kill the bitch." Robinson then "walked up to her and put the gun to her cheek." At that point, Fields turned his head. Fields "heard the shot went off, and then ... seen her laying on the ground there. And then he [Robinson] standing over her and gave her another shot." As to the first gunshot, Fields clarified that Robinson "put it to her head right there, to her cheek, and he pulled the trigger." As to the second gunshot, Fields explained that "she fell on the ground" and Robinson "just stand over her and, pow, shot her again."

After shooting St. George twice, Robinson told Fields, "That's what I had to do. You know, if I didn't, you know, she know how I look, you know, and could identify my car, you know." Robinson then told Fields, "Now, she can't do none of that." Thereafter, Robinson and Fields drove to a dark road, where Robinson took money out of St. George's purse and burned her "purse, ... underwears and some papers, some other stuff." Robinson then took Fields back to Fields's mother's house. At some point along I-95, Robinson threw the murder weapon into a wooded area.4

Portions of Fields's testimony on cross-examination during the guilt phase were also read to the resentencing jury. According to that testimony, (1) Fields was also convicted of first-degree murder, kidnapping, rape, and armed robbery, (2) Fields "got life, not death," and the State had promised Fields "some slack" with regard to sentencing for his rape, robbery, and kidnapping convictions, and (3) Fields was granted use immunity for his testimony against Robinson.

2. Testimony of Investigator West

Charles West, the lead investigator, testified during the resentencing. West found St. George "lying kind of on her back, on her side ... [s]he was wearing blue jeans, no shirt, and had two wounds to her head." West secured and videotaped the crime scene. Over Robinson's counsel's objection, that videotape was shown to the jury. West pointed out the blood around St. George's head area and the bullet wound over her left eye.

West further testified about Robinson's sworn, post-arrest statement, in which Robinson admitted shooting St. George twice, but claimed his first shot was an accident. Robinson's post-arrest statement, published to the jury, provided as follows:

On Sunday night, between 8:30 p.m. and 11:30 p.m., I was at a party drinking Henessey Cognac, some gin or vodka and beer. I left at about 11:30 with Bernard [Fields]. We started to head for Orlando on 95 to see a girl I know there.

I saw a little green Plymouth with someone in it. I turned around and went back and stopped. I said, "What's the problem?" She said, "No real problem" and that she was tired and stopped. We talked and joked. I had a gun stuck in my pants. She said she needed something like that to kill this son of a bitch. Later she explained it was her ex-husband.

I grabbed her by her arm and said, "Come on" and she came. And I went past Charlie T's [restaurant] and turned down a road. There was a gate that was open. And when I got in, I saw it was a cemetery. We played around a little, and I got her out of her pants.

We got out of the car, and I took the gun out of my pants and laid it on the hood. Me and the chick were on the front of the car. And the kid said, "Man, let's get out of here and take her back to the car." I said, "No, I'm going to take the bitch back to the party." And she said, "Who the fuck are you calling a bitch?" I said, "Shut up, whore." The kid started to laugh, and she went to pawing at me.

I picked up my gun. She was right against me, and I was trying to push her back. The gun went off and hit her in the face. She fell, and I called her and said, "Hey, bitch, get up." She didn't say anything. I got a flashlight. She was lying on her side, and there was blood coming from her face.

I got scared. Then I shot her again. I had to. How do you tell someone I accidently shot a white woman? I hauled ass, started driving. I drove and drove for maybe an hour, two hours. Then I got my head straight and decided to rid of her stuff. I don't remember where I was, but I threw her pocketbook, blouse and I don't recall anything else.

The next thing I knew, it was breaking day. And I took Bernard [Fields] home. Then I went home. Monday afternoon when I woke up, I took a screwdriver and tore into the gun where you pull it back....

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