Shackleford v. Hubbard, No. 99-15263

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtTHOMPSON
Citation234 F.3d 1072
Docket NumberNo. 99-15263
Decision Date12 December 2000
Parties(9th Cir. 2000) WILLIAM LEE SHACKLEFORD, Petitioner-Appellant, v. SUSAN HUBBARD, Warden, Respondent-Appellee

Page 1072

234 F.3d 1072 (9th Cir. 2000)
WILLIAM LEE SHACKLEFORD, Petitioner-Appellant,
v.
SUSAN HUBBARD, Warden, Respondent-Appellee.
No. 99-15263
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Argued and Submitted August 11, 2000
Filed December 12, 2000

Page 1073

Copyrighted Material Omitted

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William Weiner, San Francisco, California, for the petitioner appellant.

Morris Beatus, California Deputy Attorney General, San Francisco, California, for the respondent-appellee.

Appeal from the United States District Court for the Northern District of California Charles R. Breyer, District Judge, Presiding. D.C. No.CV-96-03338-CRB

Before: David R. Thompson, Thomas G. Nelson, and Barry G. Silverman, Circuit Judges.

THOMPSON, Circuit Judge:

William Lee Shackleford, a California state prisoner, appeals the judgment of the district court denying his petition for a writ of habeas corpus. Shackleford was tried and convicted in state court of first-degree murder.

Three issues have been certified for this appeal: (1) Was Shackleford denied due process because the state trial court gave the jury an erroneous felony-murder instruction? (2) Was Shackleford denied effective assistance of counsel because his trial attorney failed to object to that instruction? (3) Was Shackleford denied effective assistance of counsel because, at a suppression hearing, his trial attorney failed to present evidence of Shackleford's cocaine use, sleep deprivation, and mental deficiencies when challenging his Miranda waiver and confession? In addition to these issues, Shackleford asks us to consider three additional issues. See 9th Cir. R. 22-1(d). We have jurisdiction pursuant to 28 U.S.C. 1291 (1994) and 2253 (Supp. IV 1998). We decline to expand the issues certified for appeal and affirm the district court's denial of Shackleford's habeas petition.

I. Facts

On June 2, 1988, Shackleford, his friend Sean Harris ("Sean"), Sean's sister Tracy Harris ("Tracy"), and Tracy's boyfriend Richard Daniels attended a party hosted by Maria Snider, the victim Shackleford later killed. The group consumed alcohol and smoked crack cocaine brought by Shackleford. Throughout the evening, the other partygoers noticed Snider and Shackleford were acting romantically interested in one another.

Sometime after midnight, the group decided to drive to Tracy and Sean's mother's house in Danville, California. Once in the car, however, Tracy and Daniels got into an argument. Tracy struck Daniels across the face. Snider then entered the fray, hitting Daniels on the head. The blow was so severe that it knocked Daniels unconscious and opened a large cut on his head. The group immediately drove Daniels to a hospital, where the wound was stitched and treated. Rather than proceed to Danville, the group returned to Snider's apartment, where they dropped her off at about 9:00 a.m. Shackleford got out of the car a couple of blocks later. The others assumed he was returning to Snider's apartment, and left.

At about 11:00 a.m., an upstairs neighbor heard some thumping sounds coming from Snider's apartment and went down to investigate. The neighbor thought he heard Snider crying inside the apartment and knocked, but when no one answered he went back to his apartment because he assumed it was just an argument. Around

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noon, Shackleford telephoned Vivian Harris ("Vivian"), Sean and Tracy's mother, and told her that Snider was dead. Vivian set up a three-way telephone conversation with Tracy, Shackleford, and herself. Shackleford, who was in tears at the time, told Vivian and Tracy that a man wearing a sweat suit and gold chains had visited Snider that morning. According to Shackleford, Snider asked Shackleford to leave; he did so and when he returned he found Snider dead.

After another telephone conversation, Shackleford, Sean, Sean's friend, and two of Snider's coworkers drove to Snider's apartment. Along the way, Sean contacted a police officer, who followed them. When the group arrived at Snider's apartment, they found her corpse lying face up on the bedroom floor. Snider was naked except for a towel that covered her face and a piece of cloth that covered her genital area. An electrical cord had been tied and knotted around her neck. When police officers uncovered Snider's groin, they found a bottle of hair dye inserted in her vagina. There were also cigarette ashes and a burn mark on her stomach.

The police asked Shackleford, Sean, and one of the men who had accompanied them to the apartment to come to the police station to be interviewed. There, Shackleford falsely told the detectives his name was William Cooper. He also repeated the story that he left Snider with an unknown man in a sweat suit shortly before her death.

After Shackleford left the police station, Detective Cathy Lee decided to interview him a second time because she found his earlier statement inconsistent. Shackleford returned to the police station later that day, between 6:30 and 7:00 p.m. Shackleford repeated his story about the unknown man in the sweat suit but added that after he left Snider's apartment, he had a telephone conversation with a female friend. The police contacted the friend, who denied speaking with Shackleford. The detectives then advised Shackleford of his Miranda rights, which he waived. The detectives confronted Shackleford with the inconsistencies in his statements and asked him about his parole status. When Shackleford denied being on parole, the detectives confronted him with the fact that he wasscheduled to be on parole for eight more months. Shackleford said his parole would be completed in six months, to which one of the officers responded, "I'm sure we can stretch it out," adding, "You're on parole. Don't be telling me you don't have to do things . . . . Because when it comes down to it, I guess I could violate you. Because I had a parolee tell me that one time. I violated his parole just like that." After a long pause, the agent encouraged Shackleford to take a polygraph test.

During the interrogation, Shackleford stated several times that he was tired and asked if he could lie down for forty-five minutes. One of the detectives told him that it would be better to take the polygraph test first; Shackleford agreed and took the test. The test began at 11:20 p.m. Although not under arrest, Shackleford was once again advised of his Miranda rights, which he waived. He initially repeated his story about the man in the sweat suit, but shortly before midnight, he changed his story and said that a man named JoJo Muldroe killed Snider. Shackleford said he found Muldroe leaning over Snider's body and chased him from Snider's apartment.

The police then brought Muldroe to the station. During the taped confrontation that followed, Muldroe denied killing Snider. The detectives observed that Muldroe did not have any marks on his face, although Shackleford claimed to have hit him while chasing him from Snider's apartment. Shackleford was arrested and thereafter confessed to killing Snider. He told Detective Lee that Snider agreed to have sex with him in exchange for drugs. After having sex, the two sat in Snider's kitchen and smoked some crack cocaine Shackleford had brought. When Shackleford

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tried to leave, Snider became angry because she wanted to smoke more of his cocaine. According to Shackleford, she became so agitated that she began to hit him and threatened him with a small knife.

Shackleford explained to the detectives that he fought back, telling them: "I ain't gonna let nobody just put their hands on me . . . ." Shackleford told the detectives that after pushing Snider into the bedroom, he put her in a headlock and choked her until she fell to the ground. Although she got up to resume the fight, Shackleford subdued her and tied her up with an electrical cord. He said he then removed Snider's clothing and, after smoking a cigarette, burned Snider's stomach with it because "she was trying to make [him] feel pain." Later, while Snider was on the floor, still breathing, he said, he cinched the electrical cord around her neck to choke her. Shackleford told the detectives that even with the electrical cord around her neck, Snider cried and continued to make breathing sounds for ten minutes. At some point, he put a bottle of hair dye in her vagina. Shackleford said he became scared, and when Snider stopped breathing, he returned to the kitchen, smoked the rest of his cocaine, and left the apartment. He maintained he did not intend to kill Snider and that her death was an accident.

At trial, Shackleford testified. He dismissed his confession as a lie and repeated his story about the man in the sweat suit. He said he had lied to the police when he told them his name was "Cooper" because he was on parole and feared that he was violating the conditions of his parole by coming in contact with the police. He said he told the detectives Muldroe killed Snider because he thought they did not believe his story about the man in the sweat suit. He said he confessed because he thought it was the only way he could get the detectives to stop interrogating him so that he could go home and rest.

A jury convicted Shackleford of first-degree murder and he was sentenced to thirty years to life. The California Court of Appeal affirmed his conviction and the California Supreme Court denied his petition for review and his petition for a writ of habeas corpus, both without comment.

Shackleford then filed a petition for a writ of habeas corpus in federal district court. In that petition, as amended, he alleged that (1) his conviction and sentence were unconstitutional because he was mentally incompetent throughout the legal proceedings; (2) he was denied due process when his confession was introduced at trial; (3) he was denied due process because the trial court gave the jury an erroneous felony murder instruction; and (4) he was denied effective assistance...

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466 practice notes
  • Hays v. Farwell, No. 3:04-cv-0011-RLH-VPC.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Nevada
    • March 22, 2007
    ...last reasoned decision. See Ylst v. Nunnemaker, 501 U.S. 797, 803-04, 111 S.Ct. 2590, 115 L.Ed.2d 706 (1991); Shackleford v. Hubbard, 234 F.3d 1072, 1079 n. 2 (9th Cir. 2000), cert. denied, 534 U.S. 944, 122 S.Ct. 324, 151 L.Ed.2d 242 (2001). Furthermore, "a determination of a factual issue......
  • Her v. Jacquez, 2: 09 - cv - 612 - JAM TJB
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • April 15, 2011
    ...those silent denials to the last reasoned decision which was from the Sacramento County Superior Court. See Shackleford v. Hubbard, 234 F.3d 1072, 1079 n. 2 (9th Cir. 2000). The Sacramento County Superior Court denied this Claim pursuant to In re Waltreus, 62 Cal.2d 218, 42 Cal. Rptr. 9, 39......
  • SPENCE v. YATES, No. 1:08-cv—00045-AWI-SKO-HC
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • March 28, 2011
    ...Ylst v. Nunnemaker, 501 U.S. 797, 803-04 (1991); Taylor v. Maddox, 366 F.3d 992, 998 n.5 (9th Cir. 2004); Shackleford v. Hubbard, 234 F.3d 1072, 1079 n.2 (9th Cir. 2000). IV. Facts On November 15, 2006, in case number S147096, the California Supreme Court denied Petitioner's petition for re......
  • Love v. Yates, No. C 05-3995 JSW.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • November 4, 2008
    ...decision as the basis for the state court's judgment. Boyd v. Newland, 467 F.3d 1139, 1143 n. 3 (9th Cir.2006); Shackleford v. Hubbard, 234 F.3d 1072, 1079 n. 2 (9th Cir.2000) (citing Ylst v. Nunnemaker, 501 U.S. 797, 803-04, 111 S.Ct. 2590, 115 L.Ed.2d 706 (1991)). Where the state court gi......
  • Request a trial to view additional results
465 cases
  • Hays v. Farwell, No. 3:04-cv-0011-RLH-VPC.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. District of Nevada
    • March 22, 2007
    ...last reasoned decision. See Ylst v. Nunnemaker, 501 U.S. 797, 803-04, 111 S.Ct. 2590, 115 L.Ed.2d 706 (1991); Shackleford v. Hubbard, 234 F.3d 1072, 1079 n. 2 (9th Cir. 2000), cert. denied, 534 U.S. 944, 122 S.Ct. 324, 151 L.Ed.2d 242 (2001). Furthermore, "a determination of a factual issue......
  • Her v. Jacquez, 2: 09 - cv - 612 - JAM TJB
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • April 15, 2011
    ...those silent denials to the last reasoned decision which was from the Sacramento County Superior Court. See Shackleford v. Hubbard, 234 F.3d 1072, 1079 n. 2 (9th Cir. 2000). The Sacramento County Superior Court denied this Claim pursuant to In re Waltreus, 62 Cal.2d 218, 42 Cal. Rptr. 9, 39......
  • SPENCE v. YATES, No. 1:08-cv—00045-AWI-SKO-HC
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • March 28, 2011
    ...Ylst v. Nunnemaker, 501 U.S. 797, 803-04 (1991); Taylor v. Maddox, 366 F.3d 992, 998 n.5 (9th Cir. 2004); Shackleford v. Hubbard, 234 F.3d 1072, 1079 n.2 (9th Cir. 2000). IV. Facts On November 15, 2006, in case number S147096, the California Supreme Court denied Petitioner's petition for re......
  • Love v. Yates, No. C 05-3995 JSW.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • November 4, 2008
    ...decision as the basis for the state court's judgment. Boyd v. Newland, 467 F.3d 1139, 1143 n. 3 (9th Cir.2006); Shackleford v. Hubbard, 234 F.3d 1072, 1079 n. 2 (9th Cir.2000) (citing Ylst v. Nunnemaker, 501 U.S. 797, 803-04, 111 S.Ct. 2590, 115 L.Ed.2d 706 (1991)). Where the state court gi......
  • Request a trial to view additional results

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