Collins v. Meyers

77 F. App'x 563
CourtCourt of Appeals for the Third Circuit
DecidedAugust 29, 2003
DocketNo. 01-1713
StatusPublished

This text of 77 F. App'x 563 (Collins v. Meyers) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Collins v. Meyers, 77 F. App'x 563 (3d Cir. 2003).

Opinion

OPINION OF THE COURT

SCIRICA Chief Judge.

Timothy Lee Collins was convicted in state court of arson endangering persons, a felony of the first degree, which stemmed from an apartment building fire that resulted in the death of a tenant. He now appeals the denial of his petition for a writ of habeas corpus, alleging ineffective assistance of trial counsel for failing to investigate whether another person committed the offense.

I.

The fire occurred on September 20, 1990, and resulted in the death of tenant Patricia Boyle. Police and fire officials conducted an investigation and determined the fire to have been incendiary in origin. Several suspects were considered in connection with the fire, including Collins, a volunteer fireman who responded to a call to fight the fire, and Jonathan Waid, an overnight visitor present at the scene. On September 27, 1990, investigators drove Collins from his residence to the police station, where, in a tape recorded statement, he confessed to starting the fire.1 Commonwealth v. Collins, No.1990-780 (Pa.Commw.Ct. Oct. 18, 1995). Collins was charged with criminal homicide, arson endangering persons, and lesser related offenses.

Collins, who was represented by counsel, waived his right to a jury and proceeded to a bench trial where he was found guilty of arson endangering persons, 18 Pa. Cons. Stat. § 3301(a), and sentenced to life imprisonment without the possibility of parole. The Pennsylvania Superior Court affirmed, Commonwealth v. Collins, 427 Pa.Super. 640, 625 A.2d 88 (1992), and [565]*565allocatur was denied, Commonwealth v. Collins, 533 Pa. 656, 625 A.2d 1191 (1993). Collins filed a petition for post-conviction collateral relief which was denied after two extensive evidentiary hearings. The Pennsylvania Superior Court affirmed, Commonwealth v. Collins, 695 A.2d 435 (Pa.Super.Ct. Mar. 6, 1997), and allocatur was denied, Commonwealth v. Collins, 550 Pa. 676, 704 A.2d 634 (1997). Collins filed a petition for writ of habeas corpus, 28 U.S.C. § 2254, which the District Court denied. He then appealed.

II.

Our review of the District Court order is plenary, as that court did not conduct an evidentiary hearing. Hartey v. Vaughn, 186 F.3d 367, 371 (3d Cir.1999). The Anti-terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), 28 U.S.C. § 2254(d):

mandates a two-part inquiry; first, the federal court must inquire whether the state court decision was ‘contrary to’ clearly established federal law, as determined by the Supreme Court of the United States; second, if it was not, the federal court must evaluate whether the state court judgment rests upon an objectively unreasonable application of clearly established Supreme Court jurisprudence.

Matteo v. Superintendent, 171 F.3d 877, 880 (3d Cir.1999) (en banc). Accordingly, § 2254(d) “firmly establishes the state court decision as the starting point in habeas review.” Hartey, 186 F.3d at 371.

III.

The issue on appeal is whether trial counsel provided ineffective assistance of counsel by failing to investigate an allegation that Jonathan Waid, a visitor in the apartment house destroyed by the fire and who testified at Collins’ trial on behalf of the Commonwealth, committed the arson. A fellow inmate of Collins’, Michael Win-ans, allegedly told Collins and two correctional officers that Waid had set the fire. Collins contends he relayed this information to trial counsel who failed to investigate further.

To succeed on his ineffective assistance of counsel challenge, Collins must show that trial counsel’s alleged failure to investigate was deficient and but for that deficiency, the outcome of the trial would have been different. Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). In other words, a court should undertake a two-step analysis when determining whether counsel gave ineffective assistance: first, a court must determine whether “counsel’s representation fell below an objective standard of reasonableness”; second, a court must determine whether “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Id. at 688, 694, 104 S.Ct. 2052. “Reasonable probability” in this context denotes “a probability sufficient to undermine confidence in the outcome.” Id. at 694, 104 S.Ct. 2052.

In United States v. Gray we held:

[T]he range of reasonable professional judgments is wide and courts must take care to avoid illegitimate second-guessing of counsel’s strategic decisions from the superior vantage point of hindsight. It is therefore only the rare claim of ineffectiveness of counsel that should succeed under the properly deferential standard to be applied in scrutinizing counsel’s performance.

878 F.2d 702, 711 (3d Cir.1989) (internal citation omitted). Even where counsel is found to be ineffective, it must be established by a reasonable probability that the jury’s verdict would have been different but for counsel’s ineffectiveness. Id. Our confidence in the outcome shall not be undermined by mere speculation about what a witness might have said. Id. Instead, there must be a plausible showing of [566]*566how the testimony of a witness would have been both material and favorable. See id.; United States v. Valenzuela-Bernal, 458 U.S. 858, 867, 102 S.Ct. 3440, 73 L.Ed.2d 1193 (1982).

IV.

Trial counsel’s failure to interview witnesses regarding Waid’s alleged role in starting the fire does not constitute ineffective assistance of counsel. Assuming trial counsel was deficient, Collins has failed to show that the testimony of witnesses his counsel “failed to interview” would have been both material and favorable. The Pennsylvania Post Conviction Relief Act court, Commonwealth v. Collins, No.1990-780 (Ct. C.P. Crawford May 29, 1996), and the Pennsylvania Superior Court, Commonwealth v. Collins, No. 01136, 695 A.2d 435 (Pa.Super.Ct Mar. 6, 1997), fully examined this issue. At the first PCRA hearing, John Wade, a state corrections officer, testified that Winans told him Jonathan Waid committed the arson, which Winans claimed to know because he saw Waid on the night in question with a gasoline can and a duffel bag near where the arson occurred. But the failure to call Wade and have him testify regarding this information could not have prejudiced Collins because his testimony would have been inadmissible hearsay.2

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Related

Sumner v. Mata
449 U.S. 539 (Supreme Court, 1981)
United States v. Valenzuela-Bernal
458 U.S. 858 (Supreme Court, 1982)
Strickland v. Washington
466 U.S. 668 (Supreme Court, 1984)
United States v. Tyrone Anthony Gray
878 F.2d 702 (Third Circuit, 1989)
Commonwealth v. Kimbell
759 A.2d 1273 (Supreme Court of Pennsylvania, 2000)
Commonwealth v. Wilson
707 A.2d 1114 (Supreme Court of Pennsylvania, 1998)

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Bluebook (online)
77 F. App'x 563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collins-v-meyers-ca3-2003.