Taylor v. Culliver

• Decision Date: 26 September 2012
• Docket Number: Case No. 4:09-cv-00251-KOB-TMP
• Parties: MICHAEL SHANNON TAYLOR, Petitioner, v. GRANTT CULLIVER, Superintendent, Holman Correctional Facility, and; TROY KING, Attorney General of the State of Alabama, Respondents.
• Court: U.S. District Court — Northern District of Alabama

MICHAEL SHANNON TAYLOR, Petitioner,

v. GRANTT CULLIVER, Superintendent, Holman Correctional Facility, and;TROY KING, Attorney General of the State of Alabama, Respondents.

Case No. 4:09-cv-00251-KOB-TMP

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION

Dated: September 26, 2012

MEMORANDUM OPINION

This action seeks habeas corpus relief with respect to Petitioner Michael Shannon Taylor's ("Taylor" or "Petitioner") state court conviction and death sentence on three counts of capital murder. See 28 U.S.C. § 2254 (2006). All of the claims have been briefed to the court, and the petition is ready for adjudication.

FACTUAL BACKGROUND

A. THE OFFENSE.

The following summary of the evidence relevant to the offense is taken from the Alabama Supreme Court's decision on direct appeal. Ex parte Taylor, 666 So. 2d 73, 75-76 (Ala. 1995).¹

On November 4, 1991, Taylor, then a 19-year-old high school graduate who had returned to his hometown of Gadsden while absent without leave from the Navy, solicited a ride to the home of the Moores, an elderly couple he knew. Taylor left a duffel bag outside the house and asked Mr. Moore, who was age 83, if he could use the telephone. Once inside, Taylor pretended to make a telephone call, and then Mr. Moore asked him if he would like something to drink. Taylor said he would, and Mr. Moore got him a glass of water and a doughnut. After Taylor had eaten, Mr. Moore asked him if he would like something else. Taylor said he would, and Mr. Moore went back into the kitchen.

Taylor then went outside and removed a metal bar from his duffel bag. Taylor followed Mr. Moore into the kitchen, and, as the man bent into the refrigerator, Taylor began to strike him about the head with the metal bar. Mr. Moore fell to the floor. Mrs. Moore, who was age 79, entered the kitchen and bent down to see what was wrong with her husband. Taylor then struck her repeatedly about the head with the metal bar. As Mr. Moore attempted to crawl away and get up, Taylor again struck him with the bar. Taylor then took Mr. Moore's wallet, Mrs. Moore's purse, their checkbook, and their 1986 Cadillac automobile. He drove to Birmingham, cashed several checks made out to his name for a total of about $ 1500, and made several clothing and jewelry purchases at the Galleria shopping mall.

The Moores were discovered in their home by a neighbor two days after their beating. Mr. Moore was dead at that time; Mrs. Moore was then unconscious, but later died. The cause of both their deaths was severe blunt force injuries to their heads, which had fractured their skulls. Mr. Moore had been struck with the bar approximately 17 times and had 11 wounds on his head; Mrs. Moore had been struck with the bar at least 10 times.

Taylor was arrested outside the Galleria shopping mall, after he had entered the Moores' vehicle and attempted to drive away. Upon being returned to Gadsden, Taylor confessed to beating the Moores during the course of a robbery. It is disputed whether he stated, while giving his confession, that he had intended to kill the Moores.

Ex parte Taylor, 666 So. 2d 73, 75-76 (Ala. 1995).

To the extent that the appellate court relied upon the trial court's findings of fact, they can be found in the trial court's sentencing order, which is entitled "Judgment of the Court." (C.R. Vol. 37, Tab. 78, pp. 195-96, 204-05, 213-14). These findings were also adopted by the Rule 32 circuit court in its final order. (See Rule 32 C.R. Vol. 38, Tab. 90, pp. 2-3). The sentencing order states:

Between 12:00 Noon and 1:10 p.m. on November 4, 1991, Michael Shannon Taylor got a ride to the home of Ivan Ernest Moore and his wife, Lucille Moore, in Gadsden, Etowah County, Alabama. Mr. Taylor went to the home of the Moore's because he knew them. He took with him a green duffel bag with a black barbell inside. When Mr. Taylor knocked on the door, Mr. Ernest Moore answered and invited him in, where they talked for several minutes and Mr. Moore furnished Mr. Taylor with some water and a doughnut. A few minutes after Mr. Taylor's arrival, Mrs. Moore came in. Both Mr. and Mrs. Moore were elderly people, Mr. Moore being 83 years of age and Mrs. Moore being 79. Mr. and Mrs. Moore then left the room, leaving Mr. Taylor alone. While they were gone, Mr. Taylor went outside where he had left his duffel bag, got out the barbell, which he placed inside his shirt, and went back into the home. Mr. Taylor finished the food and water and Mr. and Mrs. Moore came back into the room. Mr. Moore then asked Mr. Taylor if he wanted anything else, Mr. Taylor said yes, and Mr. Moore left the room. Mr. Taylor followed Mr. Moore into the kitchen, leaving Mrs. Moore in the den. When Mr. Moore opened the refrigerator, the Defendant, Michael Taylor, pulled out the barbell and hit Mr. Moore in the back of the head several times. Mr. Moore fell to the floor and Mrs. Moore came into the kitchen. When she saw Mr. Moore lying on the floor, she went over to see if she could help her husband. When she bent over to Mr. Moore, the Defendant, Michael Taylor, hit Mrs. Moore in the back of the head two or three times and she, too, fell down. Mr. Moore acted like he was going to crawl off so the Defendant hit him several more times. The Defendant stated he did not know how many times he hit Mr. Moore because "his adrenaline was pumping." Mrs. Moore tried to talk to the Defendant and he hit her again with the barbell. The Defendant, Michael Taylor, took Mr. Moore's billfold out of his back pocket, went to the bathroom, and then came back to the kitchen, where he took Mr. Moore's keys off his belt loop and took Mrs. Moore's purse. He took three blank checks from Mr. Moore's billfold and $5.00 from Mrs. Moore's purse. Michael Taylor then took the Moore's car and drove to Central Bank where he took one of the checks he had stolen from the Moore's, made it payable to himself in the amount of $500.00, forged a signature on it, and the Bank cashed the check. The Defendant then drove the car to Birmingham where he stayed for five days, spending the Moore's money and driving their car, before he was apprehended. Mr. and Mrs. Moore were discovered in their home by a neighbor on November 6, 1991, which was two (2) days after the attack had taken place. At that time, Mr. Moore was deceased but Mrs. Moore was still alive, having lain in the floor for two days. Mrs. Moore later died on November 10, 1991.

(C.R. Vol. 37, Tab. 78, pp. 195-96).²

B. THE SENTENCE.

After a formal sentencing hearing, the trial court found the existence of two statutory aggravating circumstances, two statutory mitigating circumstances, and six non-statutory mitigating circumstances.³ See Taylor v. State, 666 So. 2d 36, 72 (Ala. Crim. App. 1994). As to the statutory aggravating factors, the trial court found:

[T]he existence of two aggravating circumstances: that the capital offense was committed during the commission of robbery in the first degree, § 13A-5-49(4); and that the capital offense was especially heinous, atrocious, or cruel compared to other capital offenses, § 13A-5-49(8).

Taylor, 666 So. 2d at 72. Concerning the statutory mitigating factors, the trial court found:

[T]he existence of two statutory mitigating circumstances: that the appellant has no significant history of prior criminal activity, § 13A-5-51(1) and the age (19 years) of the appellant at the time of the offense, § 13A-5-51(7). . . .

Id. Finally, regarding the non-statutory mitigating factors, the trial court found:

1. Love of his family for the Defendant.

2. Love of his friends for the Defendant.

3. The Defendant's admitted guilt.

4. The Defendant's life and behavior for almost twenty (20) years prior to the commission of the crime.

5. The Defendant's good school behavior.

6. Evidence of the Defendant's prior good works.[⁴ ]

Id.

"[F]rom a consideration of the evidence taken at the trial of this cause and at the sentencing hearing," the trial court found "that the aggravating circumstances listed in Section 13A-5-49[(4)] and Section 13A-5-49[(8)] exist in this case and are sufficient to support the sentence of death." (C.R. Vol. 37, Tab. 78, pp. 196, 205, 214). The trial court further found "that the mitigating circumstances heretofore enumerated are insufficient to outweigh the aggravating circumstances." Id. Finally, the trial court concluded by finding "that the punishment of [Taylor] should be fixed bythe Court at DEATH." (C.R. Vol. 37, Tab. 78, pp. 196-97, 205-06, 214-15).

PROCEDURAL HISTORY

Michael Shannon Taylor was indicted by a grand jury in Etowah County, Alabama, on December 6, 1991. (C.R. Vol. 1, pp. 16-20). He was charged with three counts of capital murder, pursuant to Ala. Code. §§ 13A-5-40(a)(2), (a)(10), for the murders of Ivan Ernest Moore and Lucille Moore. Id. at 16-18. On February 5, 1992, Taylor was denied youthful offender status, was arraigned, and entered a plea of not guilty to each of the three counts set forth in the indictment.⁵ (C.R. Vol. 1, p. 33; R. Vol. 3, pp. 10-23). Afterwards, the trial court conducted a suppression hearing on March 12 and 19, 1993. (R. Vols. 3-4, Tabs. 5-6, pp. 67-186). On April 7, 1993, voir dire began, (see R. Vol. 4, Tab. 7, p. 186), and the jury was empaneled on April 12, 1993 (see R. Vol. 7, Tab. 8, pp. 779-81).

At 1:48 p.m. on April 14, 1993, Taylor was found guilty of the three capital offenses charged in the indictment. (R. Vol. 9, Tab. 17, pp. 1163-64). A penalty hearing immediately followed, and, at 8:26 p.m. that same day, the jury unanimously recommended that Taylor be sentenced to death. (R. Vol. 10, Tab. 26, pp. 1409-10). A formal sentencing hearing, as is required by Ala. Code § 13A-5-47, was conducted on May 5, 1993, and the trial court judge followed the recommendation of the jury and sentenced Taylor to death. (R. Vol. 10, Tab. 28, p. 1424; C.R. Vol. 37, Tab. 78). An automatic appeal followed.

Taylor appealed his conviction and sentence to the Alabama Court of Criminal Appeals. O...