Boggs v. Bair

892 F.2d 1193, 1989 U.S. App. LEXIS 18870, 1989 WL 149746
CourtCourt of Appeals for the Fourth Circuit
DecidedDecember 12, 1989
DocketNos. 88-4010, 88-4012
StatusPublished
Cited by52 cases

This text of 892 F.2d 1193 (Boggs v. Bair) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boggs v. Bair, 892 F.2d 1193, 1989 U.S. App. LEXIS 18870, 1989 WL 149746 (4th Cir. 1989).

Opinion

WIDENER, Circuit Judge:

This is a case in which Richard T. Boggs was sentenced to death for the capital murder of Mrs. Treeby Shaw, a neighbor of Boggs.

After his conviction and sentence were affirmed on appeal, Boggs sought habeas corpus relief in the state courts, which was denied. He then filed a petition for habeas corpus relief in the federal district court. The district court denied habeas corpus relief so far as the guilt phase of Boggs’ trial was concerned, but granted relief as to the penalty phase, thus requiring a new trial as to the penalty.

[1195]*1195On appeal the Commonwealth claims that the district court erred in requiring a new sentencing trial in the state court. On cross appeal, Boggs claims that the district court erred in not, at the least, requiring a complete new trial. We agree with that portion of the district court’s decision which denies relief as to the guilt of the defendant, but we reverse the decision to require a new trial for sentencing.

At approximately 1:30 a.m. on February 17, 1984, the Portsmouth, Virginia police arrested Richard T. Boggs in connection with a fatal hit-and-run accident in which Boggs had been observed striking a pedestrian with his vehicle. Boggs fled the scene, was chased by a passerby, and forced off the road by a police vehicle. Boggs was subdued after attempting to run from the police. As the officer was trying to gain control of Boggs against the side of Boggs’ Volkswagen, Boggs stated: “Hey, man, I didn’t do nothing. That nigger jumped off the sidewalk onto the front of my car.”

Other officers arrived on the scene to take control of the vehicle. Boggs was administered several sobriety tests, the results of which led to his arrest for hit-and-run as well as for drunk driving. Boggs and his car were then transported to the police station.

At the time of the arrest for hit-and-run, the police notified the detectives who were investigating the murder of Treeby Shaw, another homicide in which Boggs was loosely considered a suspect or someone who should be talked to. An informant had told the police that Boggs had been attempting to sell items of silver similar to those taken from the Shaw home. Boggs was questioned by one of the detectives as to the Shaw homicide and denied having any knowledge thereof.

Subsequent to those first questions by the homicide detectives as to the Shaw killing, an inventory search was conducted of Boggs’ impounded vehicle. During the search, a knapsack was found in the trunk which contained items that matched the description of those items stolen in connection with the homicide. Boggs was informed at approximately 6:25 a.m. of the items found in his vehicle and that he was now a suspect in connection with the January 25, 1984 murder of Treeby Shaw. After Boggs was given Miranda warnings, he signed a written waiver and made a statement in which he admitted the murder and robbery of Mrs. Shaw. He explained that his motive was that he needed the money “to support my habit of drugs.” The statement was transcribed and signed by Boggs at 7:10 a.m. His confession contained the following:

I preplanned the murder. I knew you were going to get me. I knocked on her door for a friendly visit to borrow a book. She offered me tea. I drank three cups of tea. I had the murder weapon in my pocket when I walked to the door.
I was in her house from approximately 7:00 to 9:00 Wednesday evening [January 24, 1984],
The murder weapon was a round hunk of steel about 4 inches long and 1 inch in diameter. Well she offered me tea, I sat down and drank tea with her. Man it was hard to kill her. The woman was so nice, so kind to me.
It was about 8:30 I started pounding her in the head with the metal weapon. There was no struggle. She fell on the first blow to the head.
I continually pounded her head with the murder weapon and she didn’t die. So I went in the kitchen and got a butcher knife and I repeatedly stabbed her, until I heard no more breathing. Then I searched the house for money.

One of the homicide detectives involved in taking the statement later testified that Boggs became very emotional during the confession by breaking down and crying while describing what he called a “horrible death.” During the interrogation, Boggs also stated:

I want to kill the enemy on the other, side. Which is me, the white all over the world. I want to kill niggers. I’m a cold blooded killer, [expletive deleted] it.

At a pre-trial hearing, the defense moved to suppress Boggs’ confession and to ex-[1196]*1196elude the items seized by the police from his ear. Boggs’ counsel argued that the search of his vehicle was improper under the Fourth Amendment to the Constitution. Defense counsel reiterated these arguments at trial and further in the Virginia Supreme Court on appeal.

Boggs’ counsel also filed a motion on the first day of trial requesting that the court redact the sentence “I want to kill niggers” from his confession before it was read to the jury. This motion was also denied. Defendant was tried before a jury, upon his plea of not guilty, to charges of capital murder and robbery. The jury found him guilty on both charges and fixed his punishment at life imprisonment on the robbery charge.

A separate trial was conducted before the same jury to determine defendant’s sentence on the capital murder conviction. During the guilt phase of the trial, Dr. Faruk Presswalla, the Commonwealth’s Deputy Chief Medical Examiner for the Tidewater area, had described the nature of the injuries that the autopsy revealed. Presswalla found that Mrs. Shaw died as a result of a combination of blows to the head which injured her brain and a stab wound which penetrated her heart. Dr. Presswalla also testified as to the details of Mrs. Shaw’s fatal injuries in the penalty phase of the trial. Further, the Commonwealth introduced photographs of the decedent, the murder weapon and the signed waiver and confession of Boggs.

Boggs called two witnesses other than himself to testify in mitigation. One was his father, who stated that Boggs had shown remorse over the killing and read to the jury a letter written by Boggs after his arrest that expressed such. Another was Dr. E. Daniel Kaye, a psychiatrist who had examined Boggs. Kaye reported that from his examination he had determined that Boggs’ capacity to conform his conduct to the requirements of the law was significantly impaired at the time of the murder; but, he also said that Boggs was neither insane nor showed any signs of severe psychiatric disorder.

The jury returned a sentence of death, stating that the defendant’s conduct in committing the offense was outrageously or wantonly vile, horrible, or inhuman in that it involved aggravated battery to the victim. The trial court subsequently conducted a sentencing hearing and sentenced Boggs to life imprisonment on the robbery charge and to death by electrocution on the murder charge. His conviction and sentence were affirmed on appeal by the Supreme Court of Virginia. Boggs v. Commonwealth, 229 Va. 501, 331 S.E.2d 407 (1985).

Boggs filed a petition to the Supreme Court of the United States for a writ of certiorari to review his conviction and sentence. The petition was denied on February 24, 1986. Boggs v. Virginia, 475 U.S. 1031, 106 S.Ct. 1240, 89 L.Ed.2d 347, reh’g denied, 475 U.S.

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Cite This Page — Counsel Stack

Bluebook (online)
892 F.2d 1193, 1989 U.S. App. LEXIS 18870, 1989 WL 149746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boggs-v-bair-ca4-1989.