Stephenson v. Levenhagen

Decision Date30 September 2014
Docket NumberCAUSE NO. 3:07-CV-539-TS
PartiesJOHN M. STEPHENSON, Petitioner, v. MARK LEVENHAGEN, Respondent.
CourtU.S. District Court — Northern District of Indiana

DEATH PENALTY CASE

OPINION AND ORDER

This matter is before the Court on remand following the Mandate from the Seventh Circuit Court of Appeals [ECF No. 70]. The Petitioner, John M. Stephenson, filed his First Petition for Writ of Habeas Corpus [ECF No. 19] on February 4, 2008. The State filed its Response [ECF No. 28] on August 8, 2008. On September 2, 2008, the Petitioner filed a Motion for Summary Judgment [ECF No. 39]. The State filed a Response [ECF No. 44] on December 3, 2008, to which the Petitioner filed a Reply [ECF No. 45] on December 15, 2008. After a Hearing on March 5, 2009 [ECF No. 49], the Court on July 1, 2009 filed an Opinion and Order [ECF No. 50] granting the Petitioner's Motion for Summary Judgment, and conditionally granting the Great Writ on Ground 1. The State appealed, and on January 24, 2011, the Seventh Circuit Court of Appeals filed a Mandate [ECF No. 70] Reversing the judgment of this Court and Remanding for consideration of the Petitioner's remaining claims. The Petitioner filed a Traverse to and Motion in Support of the Habeas Petition [ECF No. 81] on April 3, 2012, and the State filed a Response [ECF No. 85] on July 6, 2012. The Petitioner filed a Sur-reply [ECF No. 86] in support of his petition on September 7, 2012.

FACTUAL AND PROCEDURAL BACKGROUND

The Supreme Court of Indiana has published two opinions related to this case: Stephenson v. State, 742 N.E. 2d 463 (Ind. 2001) (Stephenson I), and Stephenson v. State, 864 N.E. 2d 1022 (Ind. 2007) (Stephenson II). In addition, this Court issued a decision granting the Petitioner's motion for Summary Judgment and conditionally granting the Great Writ solely on Ground 1, a claim of ineffective assistance of counsel arising from the failure of Petitioner's trial counsel to object to a stun belt being placed on the Petitioner throughout his trial and sentencing. Stephenson v. Levenhagen, 2009 WL 1886081 (N.D. Ind., July 1, 2009), rev'd and remanded sub nom. Stephenson v. Wilson, 619 F.3d 664 (7th Cir. 2010) (Stephenson III). The Court of Appeals for the Seventh Circuit reversed this Court's adjudication of Ground 1, holding that while it was deficient performance not to object to the State's use of a stun belt, the Petitioner was not prejudiced at the guilt phase of his trial. Stephenson v. Wilson, 619 F.3d 664 (7th Cir. 2010) (Stephenson IV). The Court of Appeals remanded the case to this Court with instructions to rule on each of the Petitioner's remaining claims. The Court of Appeals also instructed this Court to decide whether the deficient performance of trial counsel prejudiced the Petitioner at his sentencing hearing, at which he was sentenced to death. Id.

In its opinion denying the Petitioner's direct appeal, the Indiana Supreme Court laid out the facts and prior history of the case.

In the early evening on March 28, 1996, Defendant John Matthew Stephenson and his friend, Dale Funk, drove around Warrick County. The two ended up at the residence of Brian Mossberger, a friend of the Defendant and an acquaintance of Funk. While there, Defendant and Funk shot off rounds of firearms with Defendant shooting his own SKS assault rifle. Defendant and Funk left to go target shooting at a railroad crossing on Red Brush Road located near Mossberger's home. Afterwards, Defendant, who was still accompanied by Funk, drove to the mobile home of Brandy Southward and her fiancé, Troy Napier. According to Funk's testimony, they both got out of the car and walked around the mobile home. Defendant yelled for someone but after no one answered, Funkreturned to the car and Defendant proceeded toward the mobile home. A few moments later, Funk observed Defendant walk out the front door carrying a splitting maul.
Defendant and Funk returned to Mossberger's house. Shortly thereafter, a pick-up truck briefly pulled into Mossberger's driveway. John "Jay" Tyler was the driver of the truck and his wife, Kathy Tyler, and friend Brandy Southard were the passengers. Mossberger testified that Defendant said, "There goes Jay and I've got to catch him." (R. at 24,669.) Funk testified that Defendant said, "If you're coming, come on." (R. at 23,969.)

The evidence as to what happened next comes solely from Funk's testimony at trial. Funk testified that Defendant began chasing the Tyler truck through Warrick County rural roads. The Tyler truck stopped at the intersection of Eble and Youngblood roads and Defendant also stopped his car. The driver-side door of the truck opened slightly, and Jay leaned out of the truck to look at Defendant. At that point, Defendant grabbed his SKS assault rifle, exited the car, and began firing several shots at the Tyler truck. Defendant got back into the car, drove around a corner, stopped his car and got out. Defendant walked towards the Tyler truck and returned a few minutes later. Defendant threatened Funk stating, "You breathe a word of this and I'll kill you." (R. at 23,980-80.)

Defendant and Funk then drove directly back to Mossberger's house. Mossberger testified that Defendant held a knife with "red smears" on the blade, by his (Defendant's) face and said, "Jay, Kathy, and Brandy are no more." (R. at 24,674-75.) Mossberger also testified that Defendant washed his knife in the kitchen sink and that Defendant instructed him to "do something with the SKS; get rid of it; make it gone." (R. at 24,678.) Funk offered similar testimony, stating that he observed Defendant "hand[] the gun to [Mossberger]; told him to get rid of it." (R. at 23,982.) The next day, Mossberger buried the SKS assault rifle and ammunition in the woods.

Early Friday morning, March 29, police officers discovered the Tyler truck. Inside the truck, the police officers found victims John "Jay" Tyler, Kathy Tyler, and Brandy Southard dead from gunshot and stab wounds. The police officers also discovered bullet holes in the truck and found spent shell casings scattered across the width of Youngblood Road. Forensic testing revealed that the fatal bullets matched those fired from the SKS assault rifle belonging to Defendant. The spent shell casings matched the ammunition discovered in Southard and Napier's mobile home. Other testing revealed Funk's shoe prints were at the mobile home, directly below the broken window. Although the knife used in the killings was not recovered, Defendant owned a similar knife that could have caused the victims' injuries. On that Friday night, Defendant contacted police about the murders and gave a written statement indicating that Brandy Southard had received a threat from one Jimmy Knight.

On Saturday, March 30, while at home, Defendant voluntarily gave a taped statement to Officers Michael Hildebrand and Gary Gilbert and consented to a police search. In his taped statement, Defendant admitted to having seen and talked to the victims on March 28th at around 9:30 or 10:00 p.m. at a local Circle S store. Defendant also stated that afterwards, he went to Mossberger's house and then went straight home.

On Sunday, March 31, Mossberger retrieved the SKS assault rifle and ammunition, placing the SKS in the house and the ammunition in his garage. Police officers arrived at Mossberger's house to question him, and he explained the events that occurred on the day of the killings. Mossberger also showed the officers the SKS assault rifle, but not the ammunition. The same day, Mossberger directed the officers to Funk's apartment in Hatfield. Police officers questioned both Mossberger and Funk and took Funk into custody for further questioning at the Warrick County Security Center. Funk was released on or about April 1. On April 3, 1996, Defendant surrendered himself to the Owensboro Police Department.
The State charged Defendant with burglary, theft, and three counts of murder of each of Jay Tyler, Kathy Tyler, and Brandy Southard. The State also sought the death penalty, alleging as aggravating circumstances that Defendant intentionally discharged a firearm from a vehicle, committed at least one of the murders by lying in wait, and committed multiple murders.

The trial commenced on September 23, 1996. On May 8, 1997, after deliberating for approximately three hours, the jury found Defendant guilty of burglary, theft, and all three counts of murder. On May 19, 1997, the trial court conducted the penalty phase and the jury recommended that the death penalty be imposed based upon the multiple murder aggravator. The trial court held a sentencing hearing on June 16, 1997. The trial court followed the jury's recommendation and sentenced Defendant to death.

Stephenson I at 470-72 (Ind. 2001) (brackets in original, footnotes omitted). Stephenson then sought and was denied a Writ of Certiorari to the United States Supreme Court. Stephenson v. Indiana, 534 U.S. 1105 (2002).

Following the conclusion of his direct appeal, Stephenson, by appointed counsel, filed a petition for postconviction relief. (App. to Br. of Pet'r-Appellant at 144-58, Stephenson v. State, 87S00-0106-PD-285). That petition was denied, and he appealed to the Supreme Court of Indiana. In its opinion affirming that denial, the Indiana Supreme Court reviewed and analyzed the ineffective assistance of counsel claim that is the subject of this Opinion. After his petition for rehearing was denied by the Indiana Supreme Court, he sought and was denied a Writ of Certiorari to the United States Supreme Court. Stephenson v. Indiana, 552 U.S. 1314 (2008)(denying petition for writ of certiorari). He then initiated this habeas corpus proceeding.

STANDARD OF REVIEW

In a Habeas Corpus proceeding, "a determination of a factual issue made by a State court shall be presumed to be correct" unless the petitioner is able to rebut that presumption "by clear and convincing evidence." 28 U.S.C. § 2254(e)(1). In evaluating a legal determination made by a state...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT