Davis v. Turpin

539 S.E.2d 129, 273 Ga. 244, 2000 Fulton County D. Rep. 4199, 2000 Ga. LEXIS 858
CourtSupreme Court of Georgia
DecidedNovember 13, 2000
DocketS00A0993
StatusPublished
Cited by33 cases

This text of 539 S.E.2d 129 (Davis v. Turpin) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Turpin, 539 S.E.2d 129, 273 Ga. 244, 2000 Fulton County D. Rep. 4199, 2000 Ga. LEXIS 858 (Ga. 2000).

Opinions

Hunstein, Justice.

Troy Anthony Davis was tried, convicted and sentenced to death in August 1991 for the killing of a law enforcement officer and other crimes. He appealed in 1992; this Court affirmed his conviction and sentence in Davis v. State, 263 Ga. 5 (426 SE2d 844) (1993). Davis filed a petition for a writ of habeas corpus in the Superior Court of Butts County in March 1994. The habeas court conducted an evidentiary hearing in December 1996 and denied Davis’s amended petition in an order filed on September 9, 1997. This Court granted Davis’s application for a certificate of probable cause to appeal on February [245]*24524, 2000, and ordered the parties to address four issues. We affirm.

1. Davis argued in his habeas petition that execution by electrocution is cruel and unusual punishment. Although he raised other arguments on direct appeal in support of his contention that Georgia’s death penalty laws constitute cruel and unusual punishment, the argument that the use of electrocution renders those laws unconstitutional was raised for the first time in his habeas petition. We agree with the habeas court that this issue was procedurally barred by not being raised and litigated at the first available opportunity. Black v. Hardin, 255 Ga. 239 (336 SE2d 754) (1985). The procedural bar to claims that are raised for the first time in a habeas proceeding exists to prevent litigants from reserving meritorious issues on direct appeal in an effort to interpose needless delay to the complete resolution of their cases. Id., 255 Ga. at 239-240 (3), (4). Accordingly, Georgia law directs habeas courts to “consider whether [a petitioner has] . . . complied with Georgia procedural rules at trial and on appeal” and farther provides that “absent a showing of cause for noncompliance with such requirement, and of actual prejudice, habeas corpus relief shall not be granted.” OCGA § 9-14-48 (d), see Turpin v. Mobley, 269 Ga. 635, 637 (2) (502 SE2d 458) (1998). We agree with the habeas court that Davis has not made the required showing of cause necessary to overcome the procedural bar to defaulted claims.

2. This Court reviewed Davis’s death sentence on direct appeal and found that it was “neither excessive nor disproportionate to penalties imposed in similar cases, considering both the crime and the defendant.” Davis, supra, 263 Ga. at 10 (18). We decline Davis’s invitation to re-examine the proportionality of his sentence. Contrary to Davis’s argument, the method by which this Court conducts its proportionality review satisfies Georgia statutory requirements and is not unconstitutional. Gissendaner v. State, 272 Ga. 704 (16) (532 SE2d 677) (2000).

Davis also contends that this Court should reevaluate his death sentence in light of the fact that some of the death sentences to which his sentence was compared by this Court on direct appeal have ultimately resulted in reversal and re-sentencing to life imprisonment. We have said the following about our proportionality review of death sentences:

It is the reaction of the sentencer to the evidence before it which concerns this court and which defines the limits which sentencers in past cases have tolerated, whether before or after [Furman v. Georgia, 408 U. S. 238 (92 SC 2726, 33 LE2d 346) (1972)]. When a reaction is substantially out of line with reactions of prior sentencers, then this court must set aside the death penalty as excessive.

[246]*246Ross v. State, 233 Ga. 361, 366-367 (2) (211 SE2d 356) (1974). Because it is a jury’s reaction to the evidence before it that concerns this Court in its proportionality review, it is irrelevant if the sentences in the cases used for comparison were already at the time, or later are, reversed for reasons unrelated to the juries’ reactions to the evidence.

Finally, Davis contends that other defendants have received sentences less than death for crimes of similar gravity. In light of the severely aggravated nature of Davis’s crime, we find no merit in his contention that the death penalty would be unlawfully disproportionate in his case, even if a new proportionality analysis were undertaken. See Gissendaner v. State, supra, 272 Ga. at 716 (19) (a).

3. After Davis was convicted and sentenced to death, the trial court appointed additional counsel to represent Davis during the motion for a new trial and direct appeal regarding any claims of ineffective assistance of trial counsel. Davis’s original trial counsel remained responsible for all other issues during that time. Davis argues that his new counsel and his trial counsel operated under a conflict of interest and that habeas corpus relief is required, even absent a showing of actual prejudice.

(a) Whether a conflict of interest served to deny Davis his right to effective counsel during his motion for new trial and direct appeal is a mixed question of law and fact, and we review the questions of law involved de novo. Cuyler v. Sullivan, 446 U. S. 335, 342 (100 SC 1708, 64 LE2d 333) (1980); Turpin v. Lipham, 270 Ga. 208 (3) (510 SE2d 32) (1998).

A conflict of interest would warrant reversal if it rendered counsel’s assistance ineffective under constitutional standards. See Cuyler, supra, 446 U. S. at 335 (IV); Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). As with any claim of ineffective assistance of counsel, there must be a showing of constitutionally deficient performance by counsel and of resulting prejudice. However, Cuyler recognized that sufficient prejudice may be presumed in a post-conviction proceeding in certain limited circumstances, namely, where the defendant demonstrates that counsel actively represented conflicting interests and that an actual conflict of interest adversely affected his lawyer’s performance. Id., 446 U. S. at 348 (IV), (B), (C). While this more lenient standard of proof has traditionally been applied to cases where one attorney represented more than one defendant, Davis argues that this standard should also apply to his case where the alleged conflict of interest arose between Davis and his counsel. See United States v. Moree, 220 F3d 65, 69 (2nd Cir. 2000); Riggs v. United States, 209 F3d 828 (II) (B) (6th Cir. 2000); but see Beets v. Collins, 65 F3d 1258 (II) (5th Cir. 1995).

We need not directly decide this disputed question at this time, [247]*247however, because we find that Davis’s claims fail even assuming, as we do below, the applicability of the more lenient Cuyler standard. Generally, “the possibility of a conflict [of interest] is insufficient to impugn a criminal conviction.” Cuyler, supra, 446 U. S. at 350 (IV) (C). While certain circumstances might so strongly suggest the likelihood of an actual conflict of interest that a trial court would be expected to conduct an inquiry sua sponte, we do not find that such circumstances existed in Davis’s case. See id., 446 U. S. at 347 (“[u]nless the trial court knows or reasonably should know that a particular conflict exists, the trial court need not initiate an inquiry”); Wood v. Georgia,

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Bluebook (online)
539 S.E.2d 129, 273 Ga. 244, 2000 Fulton County D. Rep. 4199, 2000 Ga. LEXIS 858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-turpin-ga-2000.