Christopher C. Goins v. Ronald Angelone, Director, Virginia Department of Corrections

226 F.3d 312, 2000 U.S. App. LEXIS 22296, 2000 WL 1233576
CourtCourt of Appeals for the Fourth Circuit
DecidedAugust 31, 2000
Docket99-13
StatusPublished
Cited by22 cases

This text of 226 F.3d 312 (Christopher C. Goins v. Ronald Angelone, Director, Virginia Department of Corrections) 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
Christopher C. Goins v. Ronald Angelone, Director, Virginia Department of Corrections, 226 F.3d 312, 2000 U.S. App. LEXIS 22296, 2000 WL 1233576 (4th Cir. 2000).

Opinion

Certifícate of appealability denied and appeal dismissed by published opinion. Judge KING wrote the opinion, in which Judge LUTTIG and Judge TRAXLER joined.

OPINION

KING, Circuit Judge:

Appellant Christopher C. Goins, convicted and sentenced to death by a Virginia jury for the capital murder of Robert Jones, appeals the district court’s dismissal of his petition for a writ of habeas corpus. Finding no error, we deny a certificate of appealability and dismiss the appeal.

I.

A.

The facts underlying the murder charges against Goins were set forth in some detail by the Supreme Court of Virginia in its decision on Goins’s direct appeal, Goins v. Commonwealth, 251 Va. 442, 470 S.E.2d 114 (1996), and are quoted below.

On the morning of October 14, 1994, Goins and his friend Barry Scott arrived at the home of Tamika Jones, where Tamika and the six other members of her family were present. Both Goins and Scott were friends of the Jones family-

Tamika, who was 14 years old, was seven months pregnant with Goins’ child and recently had returned from the hospital after receiving treatment for complications related to the pregnancy. When Scott attempted to show Goins an ultrasound photograph of the fetus, Goins refused to look and became angry.

Tamika saw Goins in the living room, but was in her bedroom when she later heard him participating in a conversation in the kitchen. The conversation was interrupted by the sound of gunfire. The shots were fired rapidly and were followed by screams, crying, and the sound of a single set of footsteps in the hall. Tamika stated that she then heard more shots and saw “flashes in the hall.”

Goins appeared in the doorway of Tamika’s bedroom and shot her nine times. He also shot her 21-month-old sister, Kenya, whom Tamika had attempted to shield with her body.

When Tamika believed that Goins had left the apartment, she telephoned “911” for emergency assistance. She told the operator that Goins had shot her. The operator asked if anyone was with her. Tamika responded, “Yes. He shot them too.”

When the City of Richmond police arrived at the Jones’ home, they determined that all the members of the Jones *316 family had been shot. Only Tamika and Kenya survived. In the kitchen, the police found the body of Tamika’s four-year-old brother, David, as well as the bodies of her parents, Daphne Jones and James Randolph, Jr. In one of the bedrooms, the police found the bodies of Nicole Jones, Tamika’s nine-year-old sister, and Robert Jones, Tamika’s three-year-old brother.

Daphne Jones was shot four times, twice in the head, once in the left wrist, and once in the right leg. Both of the gunshot wounds to her head were lethal. One of these wounds showed evidence of “stippling,” consisting of burned and unburned gun powder, which indicated that the gun was fired within a few feet of her head.

James Randolph, Jr. was shot nine times, twice in the head, three times in the left arm and chest, once in the abdomen, once in the right arm, once in the left leg, and once on the chin. Four of these wounds were lethal. The evidence showed that some of the shots were fired from less than “arm’s length” and other shots were fired after Randolph had fallen to the ground.

David died as a result of a lethal gunshot wound to the head. This wound also showed evidence of stippling. Nicole suffered two lethal gunshot wounds. One bullet passed through her heart and a lung. The other bullet was fired into her head at close range. Robert sustained two lethal gunshot wounds to his head. Kenya sustained a wound, measuring between two and three inches long, through her left wrist.

Tamika was shot three times in the abdomen, three times in her thighs, once in her right hand, once in the neck, and once in her left shoulder. Her obstetrician performed a hysterectomy on her after the shootings, because multiple bullets had perforated her uterus and her right ovary and fallopian tube. When removed from the uterus, the fetus had sustained a gunshot wound to its face and was dead.

The police retrieved from the kitchen seven .45 caliber cartridge casings, various bullets, and bullet jacket fragments. In the bedroom where Nicole and Robert were shot, the police found two .45 caliber cartridge casings, as well as two bullets, a bullet jacket, and a lead fragment. In the bedroom where Tamika and Kenya had been shot, the police recovered six .45 caliber cartridge casings and two bullets. No weapon was found.

James L. Pickelman, a firearms identification expert at the Commonwealth’s Division of Forensic Science, explained that hollow point bullets, such as those used in the commission of these offenses, are designed by the manufacturer to explode on impact with the target. Frequently, at the point of impact, the bullet core separates from its jacket. Pickelman examined the weight and rifling characteristics of the bullets, bullet jackets, and jacket fragments recovered from the apartment and the victims’ bodies. He testified that all these items were “.45 auto caliber.”

After examining the rifling marks on the bullet jackets and jacket fragments retrieved from Jones’ apartment, Pickel-man concluded that the bullet jackets were ejected from a firearm constructed by a manufacturer who uses polygonal rifling. Pickelman also stated that Glock, Inc. is the major manufacturer which uses this type rifling in the design of its firearms.

Ann D. Jones, also an expert in firearms identification at the Division of Forensic Science, compared the various microscopic markings on each cartridge easing that was recovered. Her examination of these markings established that all the cartridge casings were fired from the same .45 caliber Glock pistol. Jones stated that .45 caliber Glock pistols produce an elliptical shape firing pin impression, which is unique to that *317 brand and type of pistol. She observed this impression on all the cartridge casings recovered from the crime scene.

Jones also testified that she compared the markings 1 on one of the cartridge casings found at the crime scene with the markings on the unfired .45 caliber cartridge found in the home of Monique Littlejohn, Goins’ girlfriend. Jones observed that these items exhibited, the same extractor marks and concluded that both items had been in the same weapon.

On two occasions, the police searched Littlejohn’s apartment. In addition to the unfired .45 caliber cartridge, they found an instruction manual for Glock pistols lying on the floor near some men’s clothing.

In Littlejohn’s automobile, the police found a Sam’s Club identification card. Although Goins’ photograph appeared on the card, the card was issued in the name of Derrick Reardon. Two other identification cards were also found in Littlejohn’s car. Both cards were issued in the name of Derrick Reardon, but displayed Goins’ picture. Investigators also found a high school equivalency diploma issued in the name of Derrick Lydell Reardon in Littlejohn’s vehicle, as well as the business card of a taxicab driver, Parrish Davis.

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Bluebook (online)
226 F.3d 312, 2000 U.S. App. LEXIS 22296, 2000 WL 1233576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christopher-c-goins-v-ronald-angelone-director-virginia-department-of-ca4-2000.