Donnie Cleveland Lance v. Warden, Georgia Diagnostic Prison

706 F. App'x 565
CourtCourt of Appeals for the Eleventh Circuit
DecidedAugust 31, 2017
Docket16-15008
StatusUnpublished
Cited by2 cases

This text of 706 F. App'x 565 (Donnie Cleveland Lance v. Warden, Georgia Diagnostic Prison) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Donnie Cleveland Lance v. Warden, Georgia Diagnostic Prison, 706 F. App'x 565 (11th Cir. 2017).

Opinions

PER CURIAM:

Donnie Cleveland Lance, a Georgia prisoner convicted and sentenced to death for the murders of his ex-wife and her boyfriend, appeals the denial of his petition for a writ of habeas corpus, 28 U.S.C. § 2254. Lance contends that we should vacate his sentence on the grounds that his trial counsel provided ineffective assistance when he failed to introduce mitigating mental health testimony and character evidence during the penalty phase of Lance’s trial and when counsel failed to obtain funds to hire expert witnesses. We disagree. The Supreme Court of Georgia reasonably concluded that Lance did not suffer prejudice when counsel failed to introduce mental health testimony. Counsel also made a strategic decision not to introduce character evidence during the penalty phase that we decline to second guess. And the Supreme Court of Georgia reasonably concluded that counsel’s failure to obtain funds to hire expert witnesses did not prejudice Lance. We affirm.

I. BACKGROUND

We divide this background in three parts. We first recount the facts of the crime. We then summarize the preparation for, and disposition of, Lance’s trial, sentencing,- and direct appeal. We conclude with a summary of the state and federal habeas proceedings.

A. The Crime

Donnie Cleveland Lance murdered his ex-wife, Sabrina “Joy” Lance, and her boy-friend, Dwight “Butch” Wood, Jr., in the early morning of November 9, 1997, at Butch Wood’s home. Lance v. State (“Lance I”), 275 Ga. 11, 560 S.E.2d 663, 669-70 (2002). The Supreme Court of Georgia described the events surrounding the murders as follows:

Shortly before midnight on November 8, 1997, Lance called Joy Lance’s father, asked to speak to her, and learned that she was not at home. Shortly afterward, a passing police officer noticed Lance’s automobile leaving his driveway. Lance arrived at Butch Wood’s home, kicked in the front door, shot Butch Wood on the front and the back of his body with a [567]*567shotgun, and then beat Joy Lance to death by repeatedly striking her in‘the face with the butt of the shotgun, which broke into pieces during the attack. Joy Lance’s face was rendered utterly unrecognizable. Later that morning, Lance told his friend, Joe Moore, that Joy Lance (whom Lance referred to in a derogatory manner) would not be coming to clean Lance’s house that day; that Butch Wood’s father could not “buy him out of Hell”; and that both Joy Lance and Butch Wood were dead. Lance later told a fellow inmate that he “felt' stupid” that he had called Joy Lance’s father before the murders, and Lance bragged to the inmate that “he hit Joy so hard that one of her eyeballs stuck to the wall.”

Hall v. Lance (“Lance II”), 286 Ga. 365, 687 S.E.2d 809, 811 (2010).

■ Lance had long abused Joy. Id. In the past, he had kidnapped her, and he had beaten “her with his fist, a belt, and a handgun.” Id. He had strangled her, electrocuted “her with a car battery,” and threatened “her with a flammable liquid, handguns, and a chainsaw.” Id, “He had repeatedly threatened to kill her himself, and he had once inquired of a relative about what it might cost to hire someone to kill her and Butch Wood.” Id. In 1993, Lance, accompanied by Joe Moore, “kicked in the door of Butch Wood’s home ... armed with a shotgun, loaded a shell into the chamber of the shotgun, and then fled only after a child in the home identified and spoke to Joe Moore.” Id.

B. Trial, Conviction, Sentence, and Direct Appeal

Lance hired J. Richardson Brannon to represent him at trial. An experienced criminal attorney, Brannon had tried around 160 criminal cases to verdict before Lance hired him. Three paralegals and a crime-scene investigator named Andy Pennington assisted Brannon in his preparation for trial. Lance and his family initially paid Brannon $50,000 to represent him, but after the exhaustion of that initial sum, the court declared Lance indigent and retained Brannon as court-appointed counsel.

Brannon then filed a motion for funds to hire expert witnesses, which he amended three times. The original motion and the first two amendments; filed in late 1998, requested funds to hire experts and a private investigator but did not specify the kinds of experts needed, their names, the fees they charged, or any other information. At a pre-trial hearing, Brannon requested funds to hire an expert on jury selection, a private investigator, a DNA serologist, a forensic pathologist, a ballistics expert, a criminologist, and an expert on shoe print analysis., He requested the jury expert by name and gave the court information about the hourly expenses of the requested private investigator, DNA serologist, and the forensic pathologist. Brannon stated that, of all the experts he requested, a forensic pathologist was “imperative” to establish “time of death” and “manner of death.” A month after the hearing, Brannon filed a third amendment to the motion for funds to hire expert witnesses. This amendment proffered the names, credentials, and fees of the experts requested,

The trial court initially denied the request for funds to. hire experts, but reversed course a month before trial and granted $4,000 to hire an investigator. Brannon used these funds to pay Pennington, a private investigator, and did not hire any other experts or present any other expert testimony during the guilt or penalty phases of the trial.

By contrast, the state introduced testimony from six expert witnesses at trial: [568]*568Terry Cooper, an agent with the Georgia Bureau of Investigation, who testified about the crime scene and the shoe print he removed from the door at Butch Wood’s home; David Cochran, the chief crime scene investigator for the Jackson County, Georgia, Sheriffs Department, who testified about investigating the crime; Charles Moss, a fingerprint expert who testified that he was unable to retrieve prints from the shotgun shell casings involved in the crime; Bernadette Davy, a firearms expert, who testified about the shotgun shell casings found at the scene and the kinds of wood used to manufacture the butts of shotguns; Larry Peterson, a microanalyst who testified about the shoeprint found on Butch Wood’s door and other evidence found at the crime scene; and Frederick Heilman, an associate medical examiner for the Georgia Bureau of Investigation who testified about the causes of death pf Joy Lance and Butch Wood. Brannon extensively cross-examined each of these expert witnesses, except the fingerprint expert.

The defense theory of the case was innocence. Brannon attempted to establish an alibi defense based on the time of death and Lance’s whereabouts on November 8-9. Lance’s uncle testified that he was with Lance into the late evening of November 8 and then after midnight on November 9 until 5:00 a.m. Other witnesses corroborated this timeline and testified that Lance behaved normally immediately before and after the time when the murder occurred. Two children who were neighbors of Butch Wood also testified that they heard gunshots and a scream sometime after lunch on November 9, more than twelve hours later than when the crime allegedly occurred.

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706 F. App'x 565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donnie-cleveland-lance-v-warden-georgia-diagnostic-prison-ca11-2017.