Bramblett v. True

59 F. App'x 1
CourtCourt of Appeals for the Fourth Circuit
DecidedJanuary 8, 2003
Docket02-3
StatusUnpublished
Cited by9 cases

This text of 59 F. App'x 1 (Bramblett v. True) 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
Bramblett v. True, 59 F. App'x 1 (4th Cir. 2003).

Opinions

[3]*3OPINION

WILKINS, Circuit Judge.

Earl Conrad Bramblett appeals an order of the district court denying his petition for a writ of habeas corpus,1 see 28 U.S.C.A. § 2254 (West 1994 & Supp.2002). Bramblett was convicted of various charges, including one count of capital murder, in connection with the deaths of Blaine and Theresa Hodges and their daughters, eleven-year-old Winter and three-year-old Anah. Bramblett was sentenced to death on the capital murder conviction and to terms of imprisonment on the remaining convictions. Because at least one judge of the panel has concluded that Bramblett “has made a substantial showing of the denial of a constitutional right,” 28 U.S.C.A. § 2253(c)(2) (West Supp.2002), with respect to Bramblett’s claim under Napue v. Illinois, 360 U.S. 264, 79 S.Ct. 1173, 3 L.Ed.2d 1217 (1959), we grant a certificate of appealability as to that claim, see 28 U.S.C.A. § 2253(c)(3) (West Supp.2002); 4th Cir. R. 22(a). However, we affirm the ruling of the district court that Bramblett failed to establish cause and prejudice to excuse the default of the Napue claim. We deny a certificate of appealability as to the other issues raised by Bramblett.

I.

At approximately 4:50 a.m. on Monday, August 29, 1994, a passerby noticed smoke rising from the Hodgeses’ home in Vinton, Virginia and contacted authorities. Upon entering the home, firefighters found Theresa’s badly burned body in the living room; it was later determined that she had been strangled before a flammable liquid was poured on her and ignited. The bodies of Blaine, Winter, and Anah, all of whom were killed with gunshots to the head, were found upstairs. Examination of the bodies indicated that Blaine died between 2:30 a.m. and 2:30 p.m. on August 28, while Theresa and the children were killed no more than two hours before the fire was discovered on August 29. Investigators also determined that the fire was the product of arson. Bramblett, a close friend of the Hodges family, was arrested and charged with the murders and related offenses in 1996.

A. Evidence Against Bramblett

Although the case against Bramblett was almost entirely circumstantial, it was no less powerful for being so. Because the weight of this evidence is relevant to several of Bramblett’s claims, we will examine the evidence in some detail.

Testimony from various witnesses established that Bramblett was at the Hodges-es’ home during the weekend of August 27-28. And, Bramblett was seen with Theresa, Winter, and Anah as late as 4:00 p.m. on Sunday.

At approximately 4:30 a.m. on August 29 — shortly before the fire was discovered — Dorothy McGee drove past the Hodgeses’ home. As she proceeded down the road, she was passed by a “pinkish red” pickup truck with a “dark” tailgate. J.A. 358-59. The truck was driven by a lone, white male. Subsequently, law enforcement officers showed McGee a white truck and a red truck under lighting conditions similar to those present at the time of the [4]*4murders; under those conditions, McGee thought the white truck looked pink. Other evidence established that Bramblett, who is white, drove a white pickup with a dark tailgate at the time of the murders.

Later on the morning of August 29, a neighbor of the Hodges family saw Bramblett drive by the Hodgeses’ home, which at that time was still surrounded by firefighters and law enforcement officials. Bramblett looked over but did not stop.

Fred Smith, a coworker of Bramblett’s at Brewco Sign Company, testified that Bramblett sometimes slept in his truck and that he usually parked the truck in front of Brewco on such occasions. Smith further testified that when he arrived at Brewco at 4:30 a.m. on August 29, he did not see Bramblett’s truck. At approximately 5:00 a.m., however, Bramblett asked Smith to let him into the building, and he told Smith that he had spent the night in his truck. Smith noticed that Bramblett was wearing clean clothes and was freshly shaven.2

Later during the week of the murders, Smith and another coworker observed Bramblett sitting near a dumpster behind Brewco. A subsequent search of the dumpster revealed bills addressed to Bramblett, a t-shirt identical to one given to Winter a few days before the murders, a multi-page document written by Bramblett detailing his belief that Winter was sexually attracted to him, and several audiotapes and a tape recorder. The recordings on the tapes were by Bramblett, and in them he spoke about his obsession with Winter.3 Also found in the dumpster was a crude sketch depicting the murders. The sketch was of four stick figures: a male, a female, and two children. Lines were drawn to the heads of the male stick figure and the children, and a circle had been drawn around the female and the children, excluding the male. The paper on which the sketch appeared bore notes in Bramblett’s handwriting. Other evidence indicated that these notes were written several days before the murders.

Physical evidence from the crime scene was also linked to Bramblett. A pubic hair discovered in the bed where the children’s bodies were found was matched to Bramblett through visual, microscopic, and DNA analysis. Several days after the murders, coworkers of Bramblett’s found a pair of jeans in a bucket filled with water and a solvent used in silk screening in an area of the Brewco shop where Bramblett did silk screening work. Chemical analysis revealed traces of fuel oil on the jeans; fuel oil was one of the accelerants used in the arson of the Hodgeses’ home. Additionally, five-gallon fuel cans found at the Hodgeses’ home were matched to fuel cans owned by Candler Oil, where Bramblett had worked.

Several individuals who stopped by the Hodgeses’ home during the afternoon and evening of Sunday, August 28, and some of the firefighters initially on the scene the following morning, observed notes on the front and back door of the home. These notes indicated that there had been a family emergency, although other family members testified that they knew of no such emergency and that Theresa would surely have called them if anything were wrong. Additionally, although family members recognized Theresa’s handwriting, the [5]*5prosecution’s document expert, Gordon Menzies, was unable to make a positive match. The prosecution argued, based on other testimony by Menzies, that Menzies was unable to positively identify Theresa’s handwriting because she had been under some kind of duress or stress when she wrote the notes. In addition, Menzies found an indented writing4 on one of the notes and testified that the writing, which was addressed to Bramblett’s sons, was very likely written by Bramblett.

The prosecution also linked Bramblett to the crime through ballistics evidence. A .22 magnum revolver that was missing its barrel was recovered from the bedroom where Blaine’s body was found; police also seized bullets and shell casings from the crime scene. Searches of Bramblett’s truck and a storage warehouse he rented yielded additional .22 magnum bullets, shell casings, and unfired cartridges. Expert analysis indicated that all of the shell casings bore markings from a revolver like the one found at the crime scene.

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Bluebook (online)
59 F. App'x 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bramblett-v-true-ca4-2003.