Douglas Mathis v. Roland Colson

528 F. App'x 470
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 7, 2013
Docket11-6480
StatusUnpublished
Cited by6 cases

This text of 528 F. App'x 470 (Douglas Mathis v. Roland Colson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Douglas Mathis v. Roland Colson, 528 F. App'x 470 (6th Cir. 2013).

Opinion

WELLS, District Judge.

The petitioner Douglas Marshall Mathis appeals the district court’s decision dismissing his habeas petition. For the reasons that follow, the district court’s decision is affirmed.

BACKGROUND

On May 1, 1999, Selwyn Ward and his wife, Kim Ward, were camping in Houston County, Tennessee with their three children. (R.E. 26^1, hereinafter “Transcript,” at 153-55). That evening, while Mr. and Mrs. Ward were relaxing around the campfire and the children were sleeping in the tent, the petitioner Douglas Marshall Mathis (hereinafter “the petitioner”) and his brother Jeff Mathis unexpectedly drove up to the Ward campsite. (Transcript at 160-61). The Wards knew of the petitioner, having met him on one other occasion, and, earlier in the week, it had come to their attention that his brother, Jeff Mathis, may have sold Valium to one of the Wards’ children. (Transcript 148^9,150).

The petitioner announced his arrival, and Mr. Ward sat up in his chair and addressed him: “Your brother Jeff, he’s *472 the one that sold my sixteen year old son narcotics.” (Transcript at 162). After informing Mr. Ward that he was “making a mistake,” the petitioner shot him in the face with a sawed-off shotgun, killing him. (Transcript at 162-68). Mr. Ward was unarmed. (Transcript 173-74). The Mathis brothers drove away, and the petitioner later disposed of the weapon by throwing it in the river. (Transcript at 404-05). Early the next morning, the petitioner turned himself in to authorities and admitted that he shot Mr. Ward. (Transcript at 97, 377-78; R.E. 26-5 at 104-06).

In July 1999, a Tennessee grand jury indicted the petitioner for second-degree murder. (R.E. 26-3 at 41). A superseding indictment followed in November, charging him in alternative counts of first-degree premeditated murder and second-degree murder. (R.E. 26-3 at 42). In exchange for a guilty plea to second-degree murder, the state agreed to withdraw the first-degree murder charge. (R.E. 26-3 at 13). After the petitioner’s plea was entered, the court imposed a sentence of fifteen-years incarceration. (R.E. 26-3 at 14).

About a year into his term, the petitioner sought to vacate his conviction, without the assistance of counsel and without opposition from the state. (R.E. 26-3 at 17-37, 45-51). A hearing was held on July 9, 2001. When questioned by the court, the petitioner expressed his understanding that he would be tried by jury on the charge of first-degree murder if his petition to vacate were granted. (R.E. 26-2 at 4-8). The state court vacated the petitioner’s second-degree murder conviction and ordered that he stand trial. (R.E. 26-2 at 7; R.E. 26-3 at 52, 55). On March 15, 2002, after a four day trial, a jury convicted the petitioner of first-degree premeditated murder, and he was sentenced to life imprisonment. (R.E. 26-3 at 75-76).

On April 30, 2003, the petitioner filed a direct appeal to the Tennessee Court of Criminal Appeals, arguing that the evidence was insufficient to support a finding of premeditation and that the trial court erred when it instructed the jury. (R.E. 26-7 at 8-10). The petitioner also maintained that he was deprived of a fair trial when the jurors allegedly interacted with the victim’s children; when jurors viewed a shotgun for demonstrative purposes; when prosecutors argued that the demonstrative shotgun was the actual weapon used in the crime; when the trial court used the term “murder weapon”; and when the prosecutors made a number of allegedly inflammatory statements during closing arguments. (R.E. 26-7 at 11-13).

The court of appeals initially concluded that a new trial was warranted based on its determination that the state engaged in improper argument in its closing statement, (R.E. 36-9), but, on the state’s motion for rehearing, the court reconsidered its decision and reversed itself, with one judge dissenting. The court ultimately held that the petitioner had waived his challenge to the prosecutor’s allegedly improper statements by failing to raise contemporaneous objections at trial. See State v. Mathis, 2004 WL 392710, at *9 (Tenn.Crim.App. March 3, 2004). It further concluded that he did not demonstrate plain error in relation to the prosecutors’ statements. Id. The court rejected the petitioner’s various other arguments and affirmed his conviction. Id. at *4-7, *9-10. The petitioner applied for a discretionary appeal to the Tennessee Supreme Court, but he was denied. (R.E. 26-13).

On June 16, 2005, the petitioner filed for post-conviction relief in the court where he was convicted, pursuant to Tenn.Code Ann. §§ 40-30-101. (R.E. 26-5 at 6-82). On November 6, 2006, the court denied his claims for relief. (R.E. 26-5 at 143-189). *473 The petitioner appealed this decision to the Tennessee Court of Criminal Appeals, arguing that he was prosecuted for first-degree murder without an indictment; that his trial counsel was ineffective to his prejudice; that he was denied a fair and impartial jury; and that he was denied his right to confront two trial witnesses. (R.E. 27 at 4). On April 25, 2008, the Tennessee Court of Criminal Appeals rejected these claims. Mathis v. State, 2008 WL 1850800 (Tenn.Crim.App. April 25, 2008). On October 27, 2008, the petitioner’s application for a discretionary appeal to the Tennessee Supreme Court was denied. (R.E. 26-18).

On January 12, 2009, the petitioner filed a pro se petition for federal habeas relief in the United States District Court for the Middle District of Tennessee. (R.E. 1). On December 2, 2011, the district court denied the petitioner’s claims for relief, and granted a certificate of appealability on the petitioner’s non-defaulted claims. (R.E. 44). While the case was pending in district court, the petitioner was also denied habeas relief in state court. Mathis v. State, 2011 WL 300143 (Tenn.Crim.App. January 19, 2011).

The petitioner filed this appeal on December 6, 2011. He seeks habeas relief on five grounds: that principles of double jeopardy and due process were violated when he was tried by jury after his initial conviction was vacated; that he was denied a fair trial because of the prosecutor’s improper comments during the state’s closing statement; that the evidence was insufficient to convict him; that he was denied an impartial jury; and that his trial counsel was ineffective.

STANDARD OF REVIEW

In habeas proceedings, a district court’s legal conclusions are reviewed de novo. Harris v. Haeberlin, 526 F.3d 903, 909 (6th Cir.2008). Factual findings are reviewed for clear error. Id. “Where the district court does not make independent factual findings, the factual findings are reviewed de novo.” Carter v. Mitchell, 443 F.3d 517, 524 (6th Cir.2006).

Pursuant to the Antiterrorism and Effective Death Penalty Act of 1996,

(d) An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim-

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528 F. App'x 470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/douglas-mathis-v-roland-colson-ca6-2013.