Baldwin v. Maggio

704 F.2d 1325
Court of Appeals for the Fifth Circuit·Decided May 16, 1983·No. No. 82-3318·Published·Cited by 42 cases

Opinion

JOHNSON, Circuit Judge:

Timothy George Baldwin is sentenced to die for the murder of Mary James Peters. A panel of this Court stayed his execution to consider his claims of ineffective assistance of counsel at the guilt and sentencing phases of his trial.1 The performance of his attorneys in the guilt phase was not consti[1327] tutionally deficient; the alleged deficiencies in their investigation into considerations in mitigation of sentence have not been shown to have caused actual, substantial prejudice to the petitioner’s defense. Baldwin’s request for habeas corpus is denied.

I.

On the evening of April 4, 1978, eighty-five year old Mary James Peters was savagely beaten and left to die in the kitchen of her home in West Monroe, Louisiana. The instruments of death were the articles of everyday life: a telephone, a television, a kitchen stool and a cast iron skillet, all shattered into pieces by the force of the assault. She was found the next day, semi-comatose and incoherent, on the floor surrounded by the debris of the attack; she died on April 6 of massive cerebral hemorrhage and swelling, secondary to external head injuries.

Timothy Baldwin stood trial for her death. The jury convicted him of murder in the first degree,2 and recommended death on finding that the murder was committed in an especially heinous, atrocious and cruel manner during the perpetration of an armed robbery.3 He was sentenced to die by electrocution. Baldwin’s exhaustive appeal to the Louisiana Supreme Court was rejected, State v. Baldwin, 388 So.2d 664 (La.1980), and denied certiorari, Baldwin v. Louisiana, 449 U.S. 1103, 101 S.Ct. 901, 66 L.Ed.2d 830 (1981). Baldwin then mounted his initial collateral attack on his conviction. Sixteen claims were advanced; among them was an allegation that his trial counsel were ineffective because they failed to move for a new trial after acquiring a motel receipt corroborating Baldwin’s alibi testimony.4 Baldwin’s application for post-conviction relief was denied by the state [1328] trial court for want of jurisdiction. The Louisiana Supreme Court declined review of the state trial court’s decision. Proceedings in federal court on his petition for habeas corpus yielded consideration of the merits of his claims; all were, nonetheless, rejected. Baldwin v. Blackburn, 524 F.Supp. 332 (W.D.La.), aff’d 653 F.2d 942 (5th Cir.1981), cert. denied, 456 U.S. 950, 102 S.Ct. 2021, 72 L.Ed.2d 475, reh. denied 457 U.S. 1112, 102 S.Ct. 2918, 73 L.Ed.2d 1323 (1982) (hereinafter Baldwin II).

The Louisiana trial court then ordered Baldwin to be electrocuted on May 27,1982. Ten days before his sentence was to be carried out, Baldwin initiated the present proceedings for post-conviction relief. His petition was denied by the state trial court on the day it was filed, and by the Louisiana Supreme Court the following day. One day later he presented identical claims to the federal district court.5 The district court denied his petition for habeas corpus relief without a hearing, and declined to stay his execution. Three days before the appointed date of execution this Court granted a stay pending appeal.

II.

Baldwin asks reconsideration of our earlier ruling that his trial counsel’s failure to move for a new trial upon acquisition of an alibi-corroborating motel receipt did not constitute ineffective assistance of counsel, see Baldwin II, 653 F.2d at 947.6 In this presentation of the claim, he argues that the motel receipt, viewed in the context of the entire trial record, conclusively demonstrates that he was seventy miles away from West Monroe at the time Mrs. Peters was fatally beaten. He asks that a writ of habeas corpus issue immediately, on the ground that the record as it is presently constituted indisputably discloses his innocence, and, perforce, inept representation by trial counsel; failing that, he asks for an evidentiary hearing exploring his former attorneys’ decision not to move for a new trial. We shall first take up the latter claim.

A.

Whether an evidentiary hearing is necessary to resolution of a charge of inadequate representation turns on an assessment of the record: if the petition’s allegations cannot be resolved absent examination of evidence beyond the record, a hearing is required, Clark v. Blackburn, 619 F.2d 431, 432 (5th Cir.1980); if the matters relevant [1329] to a claim of inadequate representation are “spread fully on the record,” United States v. Curry, 663 F.2d 572, 573-74 (5th Cir.1981), further inquiry is unnecessary, id.

This claim may be resolved without recourse to a hearing. Baldwin’s challenge is limited to the reasonableness of his trial counsel’s decision to forgo a motion for new trial in view of what he argues is the “inescapable conclusion” of his innocence appar-' ent on a simple comparison of the motel receipt with trial testimony establishing the time of the murderer’s departure from Mrs.t Peters’ home.7 All of the information that' was relevant to Baldwin’s trial attorneys’ assessment of the motel receipt as a foundation for a motion for new trial is now before us. The record in support of the present petition includes a complete transcript of the trial testimony and a copy of the motel receipt; Baldwin’s present counsel has ably directed our attention to the portions of the record bearing directly on his claim. Further debate on the significance of various passages in the trial record would neither aid nor enhance our evaluation. We turn to consideration of Baldwin’s allegation of ineffective post-trial representation.

B.

The sixth amendment, applicable to the states through the fourteenth amendment, Cuyler v. Sullivan, 446 U.S. 335, 100 S.Ct. 1708, 64 L.Ed.2d 333 (1980), entitles a criminal defendant to counsel reasonably likely to render and rendering reasonably effective assistance. Baldwin II at 946. The standard by which this court evaluates claims of ineffective assistance of counsel is clearly defined.

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