Dickson v. Quarterman

453 F.3d 643, 2006 U.S. App. LEXIS 15741, 2006 WL 1707012
CourtCourt of Appeals for the Fifth Circuit
DecidedJune 22, 2006
DocketNo. 05-70032
StatusPublished
Cited by3 cases

This text of 453 F.3d 643 (Dickson v. Quarterman) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dickson v. Quarterman, 453 F.3d 643, 2006 U.S. App. LEXIS 15741, 2006 WL 1707012 (5th Cir. 2006).

Opinions

EMILIO M. GARZA, Circuit Judge:

Petitioner Ryan Heath Dickson was convicted of capital murder in Texas state court and sentenced to death. The district court denied his petition for a writ of habeas corpus and refused to issue a certifícate of appealability (“COA”). Petitioner now requests a COA from this court to address one issue: whether failure to disclose the pre-trial statements of two prosecution witnesses violated his right to due process.

I

On November 27,1994, police in Amarillo, Texas, were called to a small grocery store run by Carmelo Surace and his wife, Marie. When they arrived, the officers found Marie dead and Carmelo critically injured. The police learned that four young males — petitioner, his younger brother Dane Dickson, Freddie Medina, and Jeremy Brown — had attempted to steal beer from the store. After first gathering outside the store, the two brothers entered while Medina and Brown waited outside. Inside, petitioner began arguing with Carmelo Surace, and the two began to struggle. Sometime thereafter, petitioner shot and injured Carmelo with a sawed-off rifle he had carried into the store. Before fleeing with his brother, petitioner allegedly shot and killed Marie. Carmelo later died from his injuries.

The state charged petitioner with the murder of Carmelo Surace and sought the death penalty.1 The jury found him guilty and answered the Texas special issues in a manner that supported application of the death penalty. The Texas Court of Criminal Appeals affirmed the conviction and death sentence on direct appeal.

After conviction, state prosecutors revealed that they had not given the defense access to audiotapes of their pretrial interviews with two trial witnesses, Jeremy Brown and Dane Dickson. During these interviews, prosecutors questioned the two about the day’s events and used written statements the young men had given to police to both confirm and refresh their recollection prior to trial. Transcripts of these sessions indicate that Brown and Dane Dickson questioned the accuracy of their prior written statements and expressed doubt regarding certain factual assertions that were relevant to the state’s burden of proof at trial.

Brown asserted in his written statement that petitioner verbalized an intent to shoot Carmelo and Marie Surace prior to entering the store. During the pretrial interview, however, Brown equivocated and seemed unsure that petitioner had done so. Over the course of the interview and after persistent questioning by prosecutors, Brown became more certain that petitioner had, in fact, expressed an intent to kill the people in the store. At the end of the interview, prosecutors assured Brown that, because this version of events was corroborated by other evidence and did not implicate him, he did not need to worry about being prosecuted for murder. Dane Dickson also retreated from certain factual assertions in his written statement. In that statement, he claimed to have been in the store when his brother shot Marie Surace. During his pretrial interview, however, Dane Dickson stated that he did not actually witness the shooting but, rather, mistakenly “incorporated” what his brother told him about the shooting into his written statement to the police.

[646]*646After prosecutors disclosed the existence of the audiotapes, petitioner filed an application for writ of habeas corpus in state court based, in part, on his claim under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), that the state improperly withheld material that could have been used to show bias and to impeach both witnesses. After receiving evidence and argument, the state trial court found that: (1) the tapes contained impeachment material; (2) harm from “such impeachment material may be presumed from the result obtained in this case;” (3) although the trial testimony by Dane Dickson was essentially the same as the tape recorded statement, there were still “some” differences; (4) “[especially regarding Jeremy Brown’s tape recorded interview, [the] Defense might have been able to impeach Mr. Brown’s trial testimony by showing that for the first 40 to 50 pages of said interview he wasn’t sure about Mr. Dickson’s intent;” (5) the “Defense might also have shown that in Mr. Brown’s tape recorded interview, it is only after he is informed that he is not likely to be prosecuted for his involvement in this crime that he reveals Mr. Dickson’s statement concerning his intent to kill;” and (6) “the jury might have reached a different conclusion” if Brown had been effectively impeached.

Although it was “not sure that the disclosure of the recorded interviews and their use by Defense counsel at trial would have caused the jury to reach a different verdict,” the state trial court recommended that the Texas Court of Criminal Appeals grant petitioner a new trial. The Court of Criminal Appeals disagreed and denied the habeas petition.

After exhausting his state remedies, petitioner filed a federal petition for writ of habeas corpus and renewed his Brady claim. Applying the deferential habeas standard in the Antiterrorism and Effective Death Penalty Act (“AEDPA”), the district court concluded that the petition for writ of habeas corpus should be denied.2 First, despite acknowledging that Brown’s pretrial interview could have been used to impeach, the district court found that disclosure of his earlier statements would not have undermined confidence in the verdict because other evidence of petitioner’s intent to kill, including Medina’s trial testimony that petitioner said he was “going to shoot the two old people in the store” before entering, corroborated his testimony. Second, the district court found that Brown’s pretrial interview would not support a showing of bias. According to the federal habeas court, there was no “implied deal” because the state attorney’s assurance that he would not be prosecuted took place only after Brown affirmed that petitioner had expressed an intent to kill. Finally, the district court found that Dane Dickson’s pretrial interview could not be used to impeach because his testimony at trial was “favorable” to the defense and consistent with his position in the pretrial interview that he had not watched his brother shoot Marie Surace.

II

Petitioner seeks a COA to appeal the district court’s denial of his Brady [647]*647claim.3 It is now axiomatic that “the suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution.” Banks v. Dretke, 540 U.S. 668, 691, 124 S.Ct. 1256, 157 L.Ed.2d 1166 (2004) (quoting Brady, 373 U.S. at 87, 83 S.Ct. 1194). The prosecution has a duty to disclose such evidence even absent a specific request by the accused. Strickler v. Greene, 527 U.S. 263, 280, 119 S.Ct. 1936, 144 L.Ed.2d 286 (1999); Kyles v. Whitley, 514 U.S. 419, 433, 115 S.Ct. 1555, 131 L.Ed.2d 490 (1995). To prevail on a Brady

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Related

Mahler v. Kaylo
537 F.3d 494 (Fifth Circuit, 2008)
Dickson v. Quarterman
462 F.3d 470 (Fifth Circuit, 2006)

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Bluebook (online)
453 F.3d 643, 2006 U.S. App. LEXIS 15741, 2006 WL 1707012, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dickson-v-quarterman-ca5-2006.