Scruggs v. State
| Decision Date | 01 May 1992 |
| Docket Number | No. C7-91-1285,C7-91-1285 |
| Citation | 484 N.W.2d 21 |
| Parties | John K.D. SCRUGGS, Appellant, v. STATE of Minnesota, Respondent. |
| Court | Minnesota Supreme Court |
Syllabus by the Court
1. The postconviction court's summary denial of relief was not error where the record clearly and conclusively supported the denial.
2. Appellant was not denied effective assistance of counsel when his attorney failed to offer for the record potentially exculpatory evidence because appellant did not establish a reasonable probability that the evidence would have affected the outcome of the trial.
3. Appellant was not denied effective assistance of counsel when his attorney failed to call potential defense witnesses where the decisions demonstrated reasonable professional assistance.
John M. Stuart, State Public Defender, Leslie Rosenberg, Asst. State Public Defender, Minneapolis, for appellant.
Hubert H. Humphrey, Atty. Gen., St. Paul, Michael O. Freeman, Hennepin County Atty., Lisa A. Berg, Asst. County Atty., Minneapolis, for respondent.
Heard, considered and decided by the court en banc.
John K.D. Scruggs appeals from an order of the Hennepin County District Court denying him postconviction relief on his conviction for first-degree murder. We affirm the district court.
This court has already affirmed appellant's conviction on his direct appeal. The federal court has denied his petition for habeas corpus relief. On his current motion for postconviction relief, he now claims: (1) the postconviction court erred by failing to make findings of fact and conclusions of law as required by Minn.Stat. § 590.04, subd. 1 (1990), and (2) he was denied his right to effective assistance of counsel because trial counsel failed to introduce exculpatory evidence, call certain witnesses, and appeal timely the denial of a pretrial motion to dismiss the grand jury indictment.
On November 26, 1985, a Hennepin County grand jury indicted Scruggs on one count of first-degree murder (Minn.Stat. §§ 609.05, .185(1)) and one count of conspiracy to commit first-degree murder (Minn.Stat. § 609.175, subd. 2(2)). The events leading to Scruggs' indictment and conviction are fully discussed in this court's opinion affirming Scruggs' conviction. See State v. Scruggs, 421 N.W.2d 707 (Minn.1988) (Scruggs I ). The following summary of facts is based on the statement of facts in Scruggs I.
On October 13, 1985, the body of 16-year-old Christine Kreitz was found in a Minneapolis park. The autopsy revealed that Kreitz died from two gunshot wounds to the head. Although Kreitz's pants were pulled down to her knees and her underwear had been torn off in an apparent attempt to disguise the motive for her death, the autopsy revealed no evidence of sexual assault.
Kreitz had been a member of The Black Gangster Disciple Nation (Disciples). Several Disciples members testified that Scruggs led the St. Paul and Minneapolis factions in September 1985. On September 22, 1985, Kreitz was arrested as she was fleeing the scene of a gun store burglary. The police unsuccessfully chased a suspect matching Scruggs' description. Scruggs denied being present while the burglary was planned or carried out, but several witnesses testified that Scruggs participated and that he was the fleeing suspect. Witnesses also testified that, when Scruggs returned from the burglary, he stated Kreitz had been caught and might be "snitching" to the police. Under the Disciples' "code of silence," the penalty for providing information to the police was to be killed by two shots to the head.
On the evening of October 12, 1985, several Disciples (including Kreitz) gathered at Mary Braxton's house. Scruggs called by phone and spoke with Braxton and Donald Hunter. He told them that there were two "snitches" in the gang and something had to be done, but that it was "under control." Scruggs later arrived at the Braxton home and told Braxton, Sandra White, and Grailon Williams that they should walk Kreitz home, find a secluded area and shoot her twice in the head while making the murder "look like a rape." As Williams, White and Braxton were walking Kreitz home, they stopped at Martin Luther King Park, where Williams shot Kreitz twice in the head. They returned to Braxton's house, and Scruggs told them to go back to the park and "make it look like a rape," which they did.
On November 6, the police arrested Sandra White, and on November 7, the police arrested Mary Braxton. In their statements to the police, White and Braxton admitted involvement in Kreitz's murder and implicated Scruggs. The grand jury returned an indictment against Scruggs, White, Braxton and Williams, charging them with murder in the first degree and conspiracy to commit murder in the first degree. Braxton and White entered into plea agreements with the state in the spring of 1986. The agreements required Braxton and White to plead guilty to the conspiracy charge and cooperate with the prosecution by testifying truthfully at Scruggs' and Williams' trials.
At trial, Scruggs denied being the leader of the Disciples and planning or participating in the burglary. He admitted having been at Braxton's on the night of Kreitz's killing, but denied any involvement. The jury convicted Scruggs on the first-degree murder count and dismissed the conspiracy count. Scruggs was sentenced to life in prison.
Scruggs raised five issues in his direct appeal: (1) whether the evidence was sufficient, (2) whether the plea agreements violated his right to due process and a fair trial by encouraging false testimony, (3) whether the trial court erred by not holding a Spreigl hearing regarding evidence of Scruggs' involvement in the gun store burglary, (4) whether the prosecutor's comments during closing argument constituted misconduct, and (5) whether the admissible evidence before the grand jury was sufficient to support the indictment. This court did not find in favor of Scruggs on any of these issues and thus affirmed his conviction. See Scruggs I.
On July 5, 1990, Scruggs filed a pro se postconviction petition. The petition alleges the following errors: (1) the indictment improperly was based on unsworn statements, (2) prosecutorial misconduct, (3) perjured testimony by one of the state's witnesses, and (4) ineffective assistance of counsel. 1 On February 20, 1991, the state public defender filed a supplemental petition clarifying the grounds for the ineffective assistance claim. The petition requests vacation and dismissal of the judgment of conviction or, alternatively, vacation and a new trial.
On April 24 and 30, 1991, the trial court judge presided over the postconviction relief hearing. The court heard testimony by Scruggs and the attorney who represented Scruggs at trial and on direct appeal. The court denied the petition in a summary order and did not make any findings of fact or conclusions of law.
The issues presented on appeal are:
I. Does the postconviction court's denial of relief without making findings of fact or conclusions of law require reversal or remand?
II. Did appellant receive ineffective assistance of counsel at his trial and on direct appeal?
Scruggs argues that the postconviction court's summary denial of relief fails to comply with the statutory guidelines for postconviction proceedings. Minn.Stat. § 590.04, subd. 1 (1990) provides:
Unless the petition and the files and records of the proceeding conclusively show that the petitioner is entitled to no relief, the court shall promptly set an early hearing on the petition and response thereto, and promptly determine the issues, make findings of fact and conclusions of law with respect thereto, and either deny the petition or enter an order granting appropriate relief.
(Emphasis added.) This court has not spoken on the consequences of a postconviction court's failure to make findings and conclusions. The court of appeals did address the issue in State v. O'Leary, 359 N.W.2d 703, 704 (Minn.App.1984). In O'Leary, the postconviction court summarily denied the appellant's request for resentencing, and the court of appeals held that the postconviction court must enter specific findings of fact and conclusions of law because the petition did not fit any of the limited exceptions set out in Minn.Stat. § 590.04, subd. 3. 2 359 N.W.2d at 704.
The O'Leary court did not discuss whether the failure to make findings and conclusions may be excused in some circumstances. The postconviction court makes findings and conclusions to facilitate appellate review. See Davis v. State, 775 P.2d 1243, 1247 (Idaho App.1989), petition for review dismissed (Idaho, July 29, 1989). However, it is not clear whether this purpose is so compelling that it requires remand or reversal. In an instance where the reviewing court cannot ascertain whether the postconviction court actually considered one of the petitioner's claims, remand is appropriate. State v. Morris 609 P.2d 652, 656 (Idaho 1980). However, if "the record is clear and yields an obvious answer to the relevant questions raised on appeal," the reviewing court may disregard the absence of findings of fact or conclusions of law. Davis, 775 P.2d at 1247. In Davis, the Idaho Court of Appeals acknowledged that the postconviction court's written decision did not thoroughly address each of the petitioner's claims; nevertheless, the court independently examined the record as to each claim and concluded that denial of relief was proper. Id. at 1247-48.
The Davis approach promotes judicial efficiency because it avoids remand in cases where it is clear that the reviewing court will ultimately affirm. Although it may be inefficient for an appellate court to review the record without the guidance of specific findings and conclusions, we make an independent review of the record even when the postconviction court has made specific findings. See Barness v. State, 290 Minn. 509, 510, 187 N.W.2d 111, 112 (1971) (...
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