Brown v. Wainwright

785 F.2d 1457
Court of Appeals for the Eleventh Circuit·Decided March 17, 1986·No. No. 85-3217·Published·Cited by 43 cases

Opinion

GODBOLD, Chief Judge:

Brown is a Florida state prisoner convicted in 1974 of robbery, rape and murder. He received a death sentence on his murder conviction and two consecutive life sentences on the robbery and rape convictions. After pursuing state remedies 1 he filed a petition for habeas corpus in 1983 in the district court for M.D. Florida, raising 11 issues.2 The district court did not conduct a hearing but painstakingly considered the issues, found no merit in any, and denied the writ. Because the prosecution knowingly allowed material false testimony to be introduced at trial, failed to step forward and make the falsity known, and knowingly exploited the false testimony in its closing argument to the jury, in violation of the due process clause of the Fourteenth Amendment, Giglio v. U.S., 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972), we reverse the district court and direct that the writ be granted.

I. Background

A. Trial

Brown was convicted for the robbery, rape and murder of Earlene Barksdale, co-owner of a small shop. The state’s case against Brown hinged on the testimony of Ronald Floyd, who was the only witness placing Brown at the scene of the crime and the only witness to testify to admis[1459] sions by Brown that he committed the murder and the rape. According to Floyd’s testimony, during the afternoon of the Barksdale murder he, Brown, and a man identified only as “Pooehie” (and never located) drove to the shop. Floyd waited in the car, parked across the street, while the other two entered the store. Floyd did not know what Brown and Pooehie intended to do in the store, and he did not see a gun, but he noticed that Brown had a bulge in his shirt that looked like a gun. About 15 minutes later Floyd went to the door of the shop to look in, heard a shot, entered the store and saw the foot of a body lying on the floor. Brown and Pooehie emerged from the shop, Brown bringing with him articles of new clothing, and all three men jumped in the car and drove away. While in the car Pooehie told Brown, “Man, you didn’t have to do that.”

Floyd also testified that the next day he, Brown, and Raymond Vinson were together and heard a radio broadcast concerning the Barksdale murder. Floyd said something like “People will do anything these days.” Brown responded, “Yes, she never should have done what she did.” Vinson’s testimony corroborated this conversation. Later that day, Floyd testified, he asked Brown outright whether he had killed “the woman” [Mrs. Barksdale].3 Brown responded “Yes,” and followed the answer with a crude sexual remark to the effect that he had had intercourse with her.

Floyd denied any prior knowledge that the crime was to take place.

Brown presented an alibi defense supported by the testimony of his girlfriend and her mother. Evidence was introduced tending to prove that Mrs. Barksdale had been sexually assaulted and raped and that money had been taken from the cash register. Several hours after her death Mrs. Barksdale’s nude body was found in the store, shot once in the head.

On the evening of the day of the murder, around midnight, Brown and Floyd committed a separate robbery of a man and woman at a motel. Testimony conflicted as to whether Vinson was present, but he admitted that his ear was used in this robbery. In this robbery Brown forced the female victim to remove her nightclothes, sexually abused her, and was just beginning the act of raping her when, according to Floyd’s testimony, Floyd persuaded Brown to desist. They tied up the victims and left. The next day Brown turned himself in to the police, confessed to the motel robbery, and implicated Floyd. Brown gave information that permitted the police to discover the gun used in the robbery. This gun, the property of Vinson, was introduced in the Bárksdale trial as the alleged murder weapon. Vinson testified, admitting that his car was used by the other two in the motel robbery and that he was implicated as an accomplice. All three were charged with the motel robbery.

At trial of the present case Brown’s defense counsel attempted to impeach Floyd’s testimony by casting doubt on his credibility. This attempt proceeded on three distinct grounds. First, he elicited from Floyd testimony as to his prior criminal record. Second, he brought out from Floyd that he had reason to seek revenge on Brown because Brown had told police that Floyd was involved with him in the motel robbery. Third, he inquired into the existence of a plea agreement with the state that was beneficial to Floyd. As to this third point Floyd testified as follows:

Q In this [motel] robbery, have you been sentenced?
A No, I have not.
Q You have not been sentenced?
A No.
Q When did you plead to it?
A October.
Q Of 1973?
A Yes.
[1460] Q Do you have any knowledge of why you haven’t been sentenced in this case?
A No, I haven’t. Just that I have been put on PSI.
Q PSI?
A Yes, presentence.
Q What does that stand for?
A Presentence investigation.
R. 895. Then, with respect to the Barks-dale case:
Q Right. Has the State made any promises or agreements with you in this case?
A Not to my knowledge they haven’t.
Q They haven’t?
A No.
Q Have you been charged with this case?
A No, I haven’t
Q Have you been given immunity in this crime?
A No, I have not, not as I know of.
Q You haven’t been charged and you haven’t been given immunity?
A Not as I know of.
Q Are you afraid that you might be charged with this crime?
A Yes, I am.
Q This is a first degree murder trial—
A Yes, I know that.
Q —isn’t it? And you are absolutely certain that you haven’t been given any immunity, is that correct?
A I’m certain.
R. 896. And later:
Q Has the State promised you anything in the sentencing in [the motel] case if you cooperated in this case?
A Well, like I told you before, I do not have any knowledge of it whatsoever.
Q Do you think it might be beneficial to you to testify in this case?
A I don’t know.

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Brown v. Wainwright, 785 F.2d 1457 (11th Cir. 1986).

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