U.S. v. Turner

• Decision Date: 12 July 2011
• Docket Number: No. 10–2524.,10–2524.
• Parties: UNITED STATES of America, Appellee,v.Samuel TURNER, Appellant.
• Court: U.S. Court of Appeals — Eighth Circuit

644 F.3d 713

UNITED STATES of America, Appellee,

v.Samuel TURNER, Appellant.

No. 10–2524.

United States Court of Appeals, Eighth Circuit.

Submitted: April 11, 2011.Filed: July 12, 2011.

Michael Skrien, AFPD, argued, Cape Girardeau, MO, for appellant.Keith D. Sorrell, AUSA, argued, Cape Girardeau, MO, for appellee.Before RILEY, Chief Judge, BENTON, and SHEPHERD, Circuit Judges.BENTON, Circuit Judge.

A jury convicted Samuel T. Turner of being a felon in possession of a firearm or ammunition in violation of 18 U.S.C. § 922(g)(1). Turner represented himself at trial and sentencing before the district court. ¹ On appeal, he argues that he was mentally incompetent to proceed pro se both at trial and sentencing. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

I.

In July 2009, ATF agents obtained two search warrants, for Turner's home in Kennett, Missouri, and a storage unit rented by Turner. Officers went to Turner's home. After Miranda warnings, Turner agreed to speak with them. A search of the home revealed nothing of evidentiary value. Turner gave the officers a key to the storage unit. A search found a variety of ammunition, including shotgun shells and both .30–30 and .22 caliber rounds. Turner agreed to go to the police station for an interview.

Turner initially denied that the ammunition in the storage unit was his, explaining that some items there belonged to others, including his girlfriend (who had a key). After repeated denials, he offered to share information about drug dealers. The officers told him that they could not believe him until he was honest about the ammunition. Turner admitted he got the ammunition from his brother-in-law, adding that he had stored a handgun in a red shoe in the storage unit. He agreed to another search of the storage unit, signing a consent-to-search form. Upon arrival, Turner walked into the unit and pointed out the pair of red shoes with the handgun. An officer picked them up, finding a .22 caliber revolver and a box of ammunition. Turner admitted obtaining the handgun from the same brother-in-law, and correctly stated that it was loaded. He said he had fired it once the previous week. An officer, opening the cylinder of the revolver, found five live rounds of ammunition and one spent round.

The handgun was examined by a DNA criminalist at the Missouri State Highway Patrol. She determined that the handgun had the combined DNA of at least two persons, but that the DNA was degraded. She testified that the DNA from the handgun shared some DNA markers with Turner, who could not be excluded as a person who touched the revolver.

In December 2009, Turner was indicted for being a felon in possession of a weapon or ammunition. The Federal Public Defenders Office was appointed to represent him. In a Pretrial Services Report to the court, Turner stated that he had been diagnosed with paranoid schizophrenia in connection with a 2006 state prosecution and had been hospitalized previously in a mental health facility. He further said that he had been prescribed medication for his schizophrenia, but had not received it since his arrest three months earlier. In January 2010, Turner appeared with his attorney and waived his right to file pretrial motions; he later filed three pro se motions, which were denied. The case was set for a jury trial on April 5, 2010.

Three days before trial, Turner appeared before the district court and requested to represent himself. The district court immediately inquired:

Court: Do you have any question—any reason to question the defendant's mental capacity to proceed?

Mr. Skrien [Defense Counsel]: Your Honor, there is some history as to diagnoses of mental illness on Mr. Turner's part. However, it's my belief in having conversations with him that he understands. You know, when we talk about his case he asks relevant questions, has relevant concerns. Obviously, I would prefer that he retain me, I be allowed to continue to represent him. I think that is just generally in a defendant's best interest.

Court: So I take it you do not have any reason to question his competency?

Mr. Skrien: No, sir.

The district court then discussed with Turner his request to proceed without counsel:

Court: All right. Well, Mr. Turner, why is it that you want to represent yourself instead of having the benefit of excellent counsel?

Mr. Turner: I feel like I can defend myself.

Court: I'm sorry.

Mr. Turner: I feel like I'm able to best defend myself.

Court: Okay. Well, I strongly disagree with you on that because you don't know the rules of procedure and I have to—you have to understand that you will be bound by the rules of evidence and you'll be bound by the rules of procedure and you don't know those rules. Do you understand what I'm saying?

Mr. Turner: Yes, Your Honor, I understand.

Court: Mr. Skrien does and, furthermore, he's investigated this case, he has prepared the case for trial. He is—he is fully prepared altogether to represent you in a competent and effective manner and you're telling me that you do not want him to represent you.

Mr. Turner: Is there some capacity that I could retain Mr. Skrien as I proceed pro se?

Court: You could proceed with Mr. Skrien as your lawyer or you proceed pro se.

Mr. Skrien: Your Honor—

Court: As I understand it you are asking for hybrid counsel or representation and I might do that in a capital case but I'm not going to do that in a case like this.

Mr. Turner: So it's not necessary then, Your Honor.

The district court and Turner then discussed his current counsel:

Court: All right. Now you understand that you have this right to counsel?

Mr. Turner: Yes, Your Honor.

Court: And do you have any specific complaints about the way Mr. Skrien has represented you? I have not heard you say anything about that.

Mr. Turner: Mr. Skrien doesn't feel that I have good defense.

Court: Well, that doesn't necessarily mean that he's not representing you in a competent and professional manner.

Mr. Turner: If he doesn't feel I have a defense and he's my defense attorney, I don't have a defense.

Court: Well, you're entitled to a trial and he is bound to represent you in this case and he will represent you in this case and he will defend you in this case.

Mr. Turner: I understand, Your Honor. I'm still persuaded to proceed pro se.

The District Court inquired further about Turner's counsel:

Court: Well, Mr. Turner, it does appear that you are making an informed decision, you know you have this right to counsel. Mr. Skrien has investigated the case and is prepared to go to trial. Is that right, Mr. Skrien?

Mr. Skrien: Yes, Your Honor.

Court: And he will present whatever defenses are available to you. Correct?

Mr. Skrien: Yes, sir, Your Honor.

Court: And he does, unlike you, understand the rules of evidence and the rules of procedure so I strongly encourage you to use Mr. Skrien as your counsel in this case but I know I can't force you to do that. You are entitled under the law to represent yourself, and so are you telling me that's what you want to do?

Mr. Turner: Yes, Your Honor. Mr. Skrien doesn't feel I have a defense.

Court: Well, you have a defense in the sense that you are entitled to a jury trial and that the jury must be convinced beyond a reasonable doubt that you are guilty. And so his defense is that he will hold the government to the proof; correct, Mr. Skrien?

Mr. Skrien: Yes, sir, Your Honor.

Court: You understand what I'm saying?

Mr. Turner: Yes, Your Honor.

The district court then made its findings that Turner was competent and that he could represent himself. The court made one last appeal:

Court: Finding that you are competent, this is an informed decision that you are making, I'll order Mr. Skrien to turn over your complete file to Mr. Turner with all of your investigation and any notes that you have and any preparation that you have but and then the jury instructions you'll need to give directly to Mr. Turner.

Government: I provided a copy already to Mr. Skrien, but I will make sure those are done.

Court: All right. Just one more time, Mr. Turner. You will be at the distinct disadvantage for the reasons that I've stated and are you sure that you want to represent yourself in this trial?

Mr. Turner: Yes, I am, Your Honor.

Court: All right. We'll proceed at nine o'clock Monday morning with pretrial conference and short jury selection at 9:30.

On April 5, 2010, the case was tried to a jury. Before the jury was called, the district court instructed Turner when and where to stand, and which microphone to use. The district court commented that Turner had some experience with the criminal justice system and that this was a fairly straightforward case. Turner requested that the rule on witnesses be imposed, and the government agreed to sequester its witnesses outside the courtroom.

Turner conducted his voir dire examination after the government completed its questioning. Beginning voir dire, Turner told the district court that in contrast to the government's questions, his questions would be “more along just a moral basis. I don't have any particular questions as to the case, just moral.” The court said “That's fine.”

Turner then asked the venire a series of religiously-based questions, asking them to raise their hands if they agreed. Most of these questions were objected to by the government. Turner asked whether they believed that Jesus forgives sins. He asked whether their sins were forgiven; the government objected and the objection was sustained. He asked whether Matthew was a saint; an objection was sustained. He asked whether they believed that God will return; an objection was sustained. He asked whether they had made a mistake in their lives and whether they believed in salvation. He asked whether a soul can overcome death and whether their lives were in God's hands. Objections to those two questions were sustained. Turner asked if a man can change his mind and if they believed that a man is permitted...