Albert Hairston v. Roy Hendricks

578 F. App'x 122
CourtCourt of Appeals for the Third Circuit
DecidedSeptember 3, 2014
Docket12-3098
StatusUnpublished

This text of 578 F. App'x 122 (Albert Hairston v. Roy Hendricks) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Albert Hairston v. Roy Hendricks, 578 F. App'x 122 (3d Cir. 2014).

Opinions

OPINION

HARDIMAN, Circuit Judge.

Albert Hairston appeals the District Court’s order denying his petition for writ of habeas corpus, in which he alleged a violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). The District Court, applying the deferential standard of review established in the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. § 2254, held that Hairston failed to show that the state court’s decision was contrary to, or involved an unreasonable application of, Batson. We will affirm.

I

Unlike most habeas defendants, Hair-ston does not assert his innocence; he admits to shooting two co-workers, one fatally, and claims intoxication as a defense. The New Jersey state court provided a thorough and detailed account of the facts, see State v. Hairston; No. A-4203-91T4 (N.J.Super.Ct.App.Div. Feb. 21, 1995) (slip op.), which the District Court’s opinion recounted as follows:

Hairston worked at a bakery in Long Branch, New Jersey, along with Susan Kerestes and Susan Modoski, the victims of the crimes for which Hairston was tried and convicted. Kerestes and [123]*123Modoski shared a house together in Kenilworth, New Jersey. Over time, they developed a friendship with Hair-ston and would occasionally drive him home or socialize after work.
On December 28, 1989, Hairston called Kerestes and told her his holiday plans with his girlfriend had not worked out. He asked if he could stay with Kerestes and Modoski for the Christmas weekend. After conferring with Modo-ski, Kerestes told Hairston that he could stay with them. The women picked him up at the bakery at about 4 p.m. and drove him to their home. Hairston stayed on the living room couch for the next two nights. On Christmas morning, Kerestes and Modoski woke early to attend brunch at Kerestes’ parents’ house. Before they left, they told Hair-ston what they had planned for the day, and that Modoski’s father had invited him to Christmas dinner.
Kerestes and Modoski left around 10:00 a.m. and returned home around 1:30 p.m. As they entered through the back door, Modoski stopped at the refrigerator for a drink while Kerestes continued walking towards the dining room. She saw clothes scattered on the floor and assumed that Hairston was in the shower. Then he appeared in the hallway and said, “Oh, I meant to tell you ladies I’m not going.” According to the trial testimony of Kerestes, who survived the events of the next minutes, Hairston then shot Modoski, turned, and began firing at Kerestes. She was hit by a number of shots and was propelled backwards until she fell to the floor of the hallway.
Hairston stopped firing, turned, and walked into the kitchen. Kerestes heard him fire another shot, presumably at Modoski. When Kerestes tried to stand, using a door handle for support, Hairston returned to the hallway and shot at her again. She fell back to the floor and Hairston stood over her. When he fired at her again, she turned her head and the biillet struck the floor next to her. She later described Hair-ston as being “very focused looking straight at her” when he fired that shot.
Kerestes managed to get to her feet, reach a telephone, and call her parents, yelling into the phone for them to call for help. Hairston left the house. An alert went out, and a short time later, a patrolman in the neighboring town of Roselle Park observed and detained Hairston, who was walking across a dirt lot at a quick pace with blood stains on his pants and shoes. After other officers arrived, Hairston was subdued and placed under arrest. He carried $21.61 in change, a two-dollar bill, and a key in his front pants pockets and four twenty-dollar bills in his sock. He claimed that the money was his and that he had a habit of putting money in his socks. The subsequent police investigation indicated that Hairston had stolen this money from Kerestes and Modoski’s house: Hairston’s fingerprints were found on a jar in the house where the victims had kept money, including at the time four twenty-dollar bills, change, and a number of two-dollar bills. At trial Hairston testified that he received the money from an electrical job he had performed prior to the weekend in question.
An officer searching the crime scene near the house found Hairston’s bloodstained denim jacket with a box of bullets and a photograph taken from the house in one of the pockets. Another officer found two pistols in nearby shrubbery. Kerestes confirmed that she and Modoski owned these pistols and that they were the guns that Hair-ston used to shoot them. Hairston’s [124]*124fingerprints were found on one of the pistols.
Modoski died as a result of the gunshot wounds. Kerestes survived and testified for the State at Hairston’s trial.
Hairston gave the police conflicting accounts of what happened. At times he admitted that he might have shot the victims, while at other times he denied committing the crimes. When he testified in his defense, he said he had been drinking heavily the entire weekend, and that he was very drunk on Christmas day — so drunk that he was hallucinating and thought that the victims were three African-American men who were demanding money for drugs he had bought in New York. He claimed that all he remembered about the shooting was seeing Modoski lying on the floor while Kerestes was screaming at him to get out of the house.

Hairston v. Hendrick, No. Civ. A. 99-5225 (D.N.J. July 27, 2012) (internal citations omitted).

Hairston was charged in state court with first-degree murder and the prosecution sought the death penalty. Hairston pleaded not guilty and was tried before a jury in the fall of 1991. In part because of the high stakes and racial dimension of the trial, voir dire took several months and involved hundreds of potential jurors. Each prospective juror completed a two-part, 19-page questionnaire. Part I contained five questions pertaining to the juror’s background, education, and potential biases; Part II asked five questions about the juror’s views on the death penalty. After administering the questionnaire, the trial court and parties met with each juror individually, asking questions similar to those in the questionnaire. It took 27 days to select the final pool of 52 eligible jurors.

The state exercised ten of its twelve peremptory challenges; seven of the ten were used to strike African-Americans. Hairston’s counsel moved for a mistrial pursuant to Batson and State v. Gilmore, 103 N.J. 508, 511 A.2d 1150 (1986),1 alleging racial discrimination. After hearing the prosecution’s explanations for exercising its peremptory challenges, as well as defense counsel’s rebuttal, the trial court denied the Batson motion.

Soon thereafter, the jury, which included three African-Americans, was seated. After a thirteen-day trial, the jury convicted Hairston on all counts but did not impose the death penalty. The trial court sentenced Hairston to life imprisonment with forty years’ parole ineligibility.

Hairston appealed to the New Jersey Superior Court, Appellate Division, raising, inter alia, the Batson claim.

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