Alonzo Lydell Burgess v. Commissioner, Alabama Department of Corrections

723 F.3d 1308, 2013 WL 3884256
CourtCourt of Appeals for the Eleventh Circuit
DecidedJuly 30, 2013
Docket12-10444
StatusPublished
Cited by29 cases

This text of 723 F.3d 1308 (Alonzo Lydell Burgess v. Commissioner, Alabama Department of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alonzo Lydell Burgess v. Commissioner, Alabama Department of Corrections, 723 F.3d 1308, 2013 WL 3884256 (11th Cir. 2013).

Opinion

BARKETT, Circuit Judge:

Alonzo Lydell Burgess, an Alabama prisoner under sentence of death, appeals the district court’s order denying his 28 U.S.C. § 2254 petition for a writ of habeas corpus, as well as the district court’s order denying his Federal Rule of Civil Procedure 59(e) motion to alter or amend that denial. The district court rejected, without conducting an evidentiary hearing, Burgess’s claim that he is mentally retarded 1 and that the Eighth Amendment to the *1311 United States Constitution categorically bars his execution pursuant to Atkins v. Virginia, 536 U.S. 304, 321, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002). The district court also rejected Burgess’s claim that his trial counsel was ineffective in investigating, preparing for, and presenting mitigating circumstances related to his mental health in the penalty phase of his trial. After a thorough review of the record and oral argument, we reverse the district court’s ruling as to Burgess’s Atkins claim and remand for an evidentiary hearing. Because we remand to the district court as to Burgess’s mental retardation, we need not resolve his claim of ineffective assistance of counsel. Conner v. Hall, 645 F.3d 1277, 1294 (11th Cir.2011).

I. PROCEDURAL AND FACTUAL BACKGROUND

Burgess was convicted of capital murder on March 1, 1994, for the murders of his girlfriend and two of her children. The jury recommend by a vote of 8 to 4 a sentence of life without parole, but the trial court rejected the jury’s recommendation and sentenced Burgess to death on March 21, 1994. Burgess’s conviction and sentence were affirmed on direct appeal. See Burgess v. State, 723 So.2d 742 (Ala.Crim.App.1997), aff' d, 723 So.2d 770 (Ala.1998), ce rt. denied, 526 U.S. 1052, 119 S.Ct. 1360, 143 L.Ed.2d 521 (1999).

Burgess subsequently sought post-conviction relief pursuant to Alabama Rule of Criminal Procedure 32 in March, 2000, arguing, inter alia, that his trial counsel was ineffective for failing to adequately investigate and present evidence relating to Burgess’s mental health. During the penalty phase of Burgess’s trial, the defense introduced some evidence regarding Burgess’s mental health as part of its theory of mitigation, focusing on his mental disorder and the history of mental illness in his family. At the time that Burgess filed his Rule 32 petition on March 15, 2000, the Supreme Court had not yet granted certiorari in Atkins, and so while Burgess’s petition and his subsequent requests for funds to hire mental health experts did express the need for further expert evaluation — including the need to “prescribe the appropriate psychological testing” to determine the existence of disabilities and to document them — the petition did not, of course, reference Atkins.

However, shortly before the hearing on Burgess’s Rule 32 petition was to take place, the Supreme Court granted certiorari in Atkins and Burgess then sought to amend the petition to specifically reference the Eighth Amendment claim that he could not be executed because he was mentally retarded. He also asked the trial court for funds to retain a mental health expert and asked that mental health experts be granted access to him to conduct examinations. The state trial court denied both motions, and no hearing was ever held on the Eighth Amendment claim, as the Alabama trial court found that claim to be procedurally defaulted. Burgess v. State, 962 So.2d 272, 298 (Ala.Crim.App.2005). Thus, the state trial court never considered the substance of Burgess’s Eighth Amendment Atkins claim.

The Alabama Court of Criminal Appeals reversed the trial court ruling on procedural default recognizing that “the decision in Atkins ... applies retroactively to cases *1312 that are on collateral review.” Burgess, 962 So.2d at 299 (quoting Clemons v. State, 55 So.3d 314, 319 (Ala.Crim.App.2003)). However, the Alabama Court of Criminal Appeals rejected Burgess’s argument that “now that Atkins has declared unconstitutional the execution of the mentally retarded,” he should be permitted to develop “the record on [his] mental retardation.” Burgess also argued that the trial record indicated that he was mentally retarded, but that he was “prevented from adequately developing these claims during his Rule 32 hearing by the [trial c]ourt’s denial of his ex parte applications for funds for expert assistance” and the denial of his motion for experts to obtain access to him in the prison, “which prevented him from utilizing any expert that could have been procured independently of state funds.” The Alabama Court of Criminal Appeals denied Burgess’s Eighth Amendment claim on the merits, based solely on the paper record from pre-Atkins proceedings, and said that he was not mentally retarded. Id. Burgess sought rehearing in the Alabama Court of Criminal Appeals, and the ruling was affirmed. Burgess, 962 So.2d at 301. The Supreme Court of Alabama, to whom Burgess also argued he should be allowed to adequately develop the record on his mental retardation claim, denied certiorari. Ex parte Burgess, # 1050290, 4 So.3d 588 (Ala.Crim.App. Feb. 23, 2007). Burgess then sought a writ of Habeas Corpus in Federal District Court for the Northern District of Alabama. The district court denied Burgess’s request for a hearing on his Atkins claim, and denied his petition in full.

Because our review of the decisions of the Alabama Court of Criminal Appeals and the district court requires a careful understanding of the evidence presented and the arguments Burgess advanced at each state of the proceedings, we will discuss each stage in greater detail before addressing the merits of Burgess’s appeal.

A. Evidence Presented During the Penalty Phase

The sole defense witness to testify during the penalty phase of Burgess’s trial was Dr. John Goff, a neuropsychologist. The thrust of Dr. Goffs testimony was that he had diagnosed Burgess as suffering from a “cyclothymic disorder,” less severe than bi-polar disorder but reflecting “that the patient has a substantial problem with fluctuating moods, going from episodes of elation and over stimulation, to episodes of being profoundly depressed.” However, in the course of his testimony Dr. Goff repeatedly indicated that his own assessment of Burgess had been difficult. He had met with Burgess for five hours, during which time he found it difficult to communicate with Burgess, whom he described as being in a manically excited state.

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Bluebook (online)
723 F.3d 1308, 2013 WL 3884256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alonzo-lydell-burgess-v-commissioner-alabama-department-of-corrections-ca11-2013.