Shelton v. Carroll
Decision Date | 28 September 2006 |
Docket Number | No. 04-9004.,04-9004. |
Parties | Steven SHELTON, Appellant, v. Thomas CARROLL,* Warden, Delaware Correctional Center. *(Amended-See Clerk's Order of 11/23/04). |
Court | U.S. Court of Appeals — Third Circuit |
Thomas A. Pedersen, Michael W. Modica (Argued), Wilmington, DE, Attorneys for Appellant.
Thomas E. Brown (Argued), Deputy Attorney General, Delaware Department of Justice, Wilmington, DE, Attorney for Appellee.
Before RENDELL, AMBRO, and FUENTES, Circuit Judges.
In 1993, Steven Shelton was convicted by a Delaware jury of first-degree murder and sentenced to death. After exhausting his state court remedies, Shelton filed a 28 U.S.C. § 2254 petition for a writ of habeas corpus in federal court. The United States District Court for the District of Delaware denied relief, and Shelton now appeals. Shelton argues first that trial counsel was ineffective in investigating and presenting mitigating evidence at the penalty phase of his trial. Second, Shelton asserts that his right to a fair sentencing hearing was violated by the trial court's limitation on the scope of his allocution. For the reasons that follow, we agree with the District Court's ruling that Shelton's counsel was not ineffective in his investigation and presentation of mitigating evidence and that Shelton's right to a fair hearing was not violated by the trial judge's limitation of Shelton's statement (called allocution) to the sentencing jury.
On January 11, 1992, appellant Steven Shelton ("Shelton"), his brother Nelson Shelton, his cousin Jack Outten, and Nelson Shelton's girlfriend, Christine Gibbons, spent the afternoon drinking approximately one and one-half cases of beer at Gibbons' home in Newark, Delaware. At some point, the group discussed going to a bar where Gibbons would pose as a prostitute in order to lure men outside of the bar where Outten and the Sheltons could rob them. After stopping at several establishments in the area, the group eventually convened at a bar in New Castle known as "Fat Boys" or "Green Door." There, Gibbons met and talked with a stranger, Wilson Mannon, who bought her drinks. After last call, Mannon left with Gibbons, Outten, and the Sheltons in Nelson Shelton's car. The next day, January 12, 1992, police discovered Mannon's body on a deserted street in East Wilmington. Mannon's skull was completely shattered, his pockets were turned inside out, and his empty wallet was lying on the ground nearby. See Shelton IV, 2004 WL 4951050, at **2-3, 2004 U.S. Dist. LEXIS 5538, at *5-8.
On January 21, 1992, Outten and the two Shelton brothers were indicted for first-degree murder, first-degree felony murder, first-degree conspiracy, first-degree robbery, and possession of a deadly weapon during the commission of a felony. The three men were tried together by a jury in the Superior Court of Delaware over a period of one month.
Gibbons served as the prosecution's principal witness at trial.2 She ultimately testified that all three men beat Mannon and that Shelton kicked and punched Mannon in the face. According to Gibbons Nelson Shelton hit Mannon with a hammer on the back of the head, causing Mannon to fall to the ground. Outten then struck Mannon in the face and head approximately ten times with a large object Gibbons described as a "sink."3 Shelton II, 1997 WL 855718, at *7. The medical examiner testified that Mannon died of wounds to the face and head and blows to the brain. None of the defendants testified at trial.
On February 24, 1993, following two days of deliberations, the jury found the defendants guilty of all charges.
The first discussions between the trial court and counsel concerning the penalty phase of the proceedings took place at a conference on February 24, 1993, during the jury's second day of deliberations. Id. at *17. Outten's counsel briefly mentioned his plans for the penalty hearing to the trial court. Shelton's counsel indicated that while he had begun interviewing witnesses, he was anticipating a potential dilemma about what he could present at the hearing. Nelson Shelton's counsel stated that he had twelve witnesses, but that his client might not want to present any mitigating evidence. Id.
Later that day, after the jury returned its guilty verdict, the trial court asked counsel, in the presence of the defendants, what each of their clients intended to present at the penalty hearing. Outten's counsel stated that they planned to present mitigating evidence at the hearing, but Shelton and his brother stated that they would not be presenting such evidence. Shelton also stated that he wanted to proceed without counsel. Id.
Shelton's counsel explained to the court:
Your honor, my client has advised me that he has maintained his innocence throughout this trial, and that if he was found guilty, he has no wish to bring any family members or anyone else in his behalf into this courtroom to plea for him. He does not wish to plea for mercy. He does not wish to plea for mercy in any way. He does not wish to put in any mitigating circumstances whatsoever. He's prepared to take whatever faces him. He's instructed me that I am not to put on mitigating factors in his behalf, and he's just now told me that he does not wish me to represent him any further; that he's giving notice to the Court that he wishes to represent himself and that I am not to say much more than that for him at this point.
The trial court then asked Shelton's counsel what he had done in preparation for the penalty phase of the trial:
Next the trial court inquired about counsel's discussions with Shelton concerning counsel's preparation for the penalty phase of the proceedings:
The court asked counsel for his views on Shelton's decision not to present mitigating evidence:
To continue reading
Request your trial-
Johnson v. Folino
...familiar two-prong test set forth in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Shelton v. Carroll, 464 F.3d 423, 438 (3d Cir.2006) (citing Wiggins v. Smith, 539 U.S. 510, 521, 123 S.Ct. 2527, 156 L.Ed.2d 471 (2003)). In the context of the AEDPA, the Stri......
-
Taylor v. Horn
...not establish Strickland prejudice based on his counsel's failure to investigate further. Id. at 1941-42; see also Shelton v. Carroll, 464 F.3d 423, 440 (3d Cir.2006) (holding that counsel's reliance on defendant's "deliberate and strategic determination that he ought not present mitigating......
-
Holland v. Anderson
...at sentencing without mentioning this "third circumstance." See Owens v. Guida, 549 F.3d 399, 419 (6th Cir.2008); Shelton v. Carroll, 464 F.3d 423, 442 (3d Cir.2006) (explaining that "because [the defendant] did not testify at trial, any factual statements about what happened on the night o......
-
Tyson v. Smith
...familiar two-prong test set forth in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984)." Shelton v. Carroll, 464 F.3d 423, 438 (3d Cir. 2006) (citing Wiggins v. Smith, 539 U.S. 510, 521, 123 S.Ct. 2527, 156 L.Ed.2d 471 (2003)). For AEDPA purposes, the Strickland ......
-
Sentencing
...adopted by government, and prosecutor’s subjective belief in mitigating factors not relevant to mitigation decision); Shelton v. Carroll, 464 F.3d 423, 442-43 (3d Cir. 2006) (denying defendant’s request to testify about circumstances of crime for mitigating purposes at sentencing phase beca......