Earl Forrest v. Troy Steele

764 F.3d 848, 2014 U.S. App. LEXIS 16189, 2014 WL 4116479
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 22, 2014
Docket12-2888
StatusPublished
Cited by25 cases

This text of 764 F.3d 848 (Earl Forrest v. Troy Steele) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Earl Forrest v. Troy Steele, 764 F.3d 848, 2014 U.S. App. LEXIS 16189, 2014 WL 4116479 (8th Cir. 2014).

Opinions

RILEY, Chief Judge.

Earl Forrest was convicted of three counts of capital murder in Missouri state court and was sentenced to death. The Missouri Supreme Court affirmed the conviction and sentence on direct appeal, see State v. Forrest (Forrest I), 183 S.W.3d 218, 232 (Mo.2006) (en banc), and later affirmed the denial of Forrest’s motion for post-conviction relief, see Forrest v. State (Forrest II), 290 S.W.3d 704, 718 (Mo. 2009) (en banc). The district court1 denied Forrest’s application for writ of habe-as corpus under 28 U.S.C. § 2254, but granted a certificate of appealability on the question of ineffective assistance of counsel during the penalty phase of Forrest’s trial. Forrest appeals the denial on this ground. With appellate jurisdiction under 28 U.S.C. § 1291, we affirm.

[851]*8511. BACKGROUND

On December 9, 2002, Forrest, who had been drinking alcohol, and Angelia Gam-blin, his girlfriend, drove to the home of Harriet Smith to resolve “a dishonored agreement” between Forrest and Smith. Forrest I, 183 S.W.3d at 223.2 The agreement was that Forrest would introduce Smith to a source of methamphetamine in return for a lawn mower and a mobile home. See id. While Gamblin waited in the car, Forrest went into Smith’s house and “demanded that Smith fulfill her part of the bargain.” Id. A melee ensued during which Forrest killed Michael Wells, a visitor at Smith’s residence, with a “close contact”3 shot to the face. See id. Smith attempted to escape with Gamblin’s car, but hit a tree limb while backing out of the driveway. With the car stuck, Forrest coerced Smith back into the house where Forrest killed her, shooting her a total of six times, including two close contact shots to her face. See id.

Forrest and Gamblin fled, taking with them a lockbox containing about $25,000 of methamphetamine. See id. After Forrest and Gamblin returned home, Sheriff Bob Wofford and Deputy Sharon Joann Barnes, who were investigating the shooting, knocked on the door and asked for Forrest. See Forrest II, 290 S.W.3d at 707. Forrest approached the door and opened fire, wounding Sheriff Wofford and killing Deputy Barnes. See id.; Forrest I, 183 S.W.3d at 223. After Forrest and Gamblin were shot, Forrest surrendered. See Forrest I, 183 S.W.3d at 223.

A. Trial and Direct Appeal

Represented by Missouri public defenders Sharon Turlington and David Kenyon (collectively, defense counsel), Forrest was charged in Missouri state court with three counts of first degree murder for the deaths of Smith, Wells, and Deputy Barnes, for which the state sought the death penalty. See id. During the guilt phase of Forrest’s trial, the jury found Forrest guilty on all three charges. See id.

During the penalty phase, defense counsel called fourteen lay witnesses to provide mitigating testimony. Forrest’s brother William testified that he and Forrest regularly used illegal drugs and that William, Forrest, and their father drank alcohol heavily. William said their father always punished Forrest more strictly than William and recalled an occasion when their father brought Forrest to their front yard and “slapp[ed] him around” publicly. William explained their father pressured him and Forrest to be “tough guys” and to fight other boys. William testified that when they were adults, he and Forrest once had a fight during which Forrest hit William so hard William saw stars and William stabbed Forrest in the stomach with a buck knife. Defense counsel also presented the testimony of four of Forrest’s stepchildren4 to demonstrate he was [852]*852a good father-figure. The children’s mother, Nancy Young, testified to the same effect. Several friends and acquaintances, including Gamblin, testified Forrest abused alcohol and methamphetamine but that he still was a good person, parent, and friend.

Defense counsel also called three mental health experts. Clinical psychologist Dr. Robert Smith diagnosed Forrest with long-term depression, brain damage, and substance dependence. Dr. Smith explained that these conditions combined to cause mood swings as well as difficulty concentrating and problem-solving. Neu-ropsychologist Dr. Michael Gelbort concluded, according to a battery of neuropsy-chological tests, Forrest suffered from frontal lobe dysfunction, which accentuated Forrest’s impulsive behavior. Dr. Gelbort also explained brain scans had not been performed on Forrest, but that the type of impairment from which Forrest was believed to suffer would “rarely” appear on PET,5 SPECT, MRI, or CT scans. Psychiatric pharmacist Dr. Roswell Lee Evans testified that long-term drug and alcohol abuse affects the ability to exercise judgment and recall memories. Dr. Evans also testified that considering the volume of alcohol consumed, Forrest was most likely in an “alcoholic blackout” at the time of the murders.

The jury unanimously recommended a death sentence for each conviction, finding multiple statutory aggravators applicable: Forrest killed Smith during the murder of Wells; he killed Smith and Wells to obtain something of pecuniary value (methamphetamine); and he killed Deputy Barnes while she performed her official duty as a peace officer. See Forrest I, 183 S.W.3d at 223. On appeal, the Missouri Supreme Court upheld Forrest’s conviction and sentence. See id. at 232.

B. Post-Conviction Relief and Habe-as Proceedings

After his unsuccessful direct appeal, Forrest moved for post-conviction relief, see Mo. Sup.Ct. R. 29.15, raising dozens of claims, including the four claims at issue here that defense counsel was ineffective during the penalty phase. Forrest’s ineffective assistance claims cited defense counsel’s failure to (1) conduct a PET scan; (2) present certain medical records; (3) call a particular psychologist to testify about Forrest’s probability of future dangerousness; and (4) investigate three specific acquaintances of Forrest. After an evidentiary hearing as to those issues, the Missouri circuit court denied the motion.

On appeal, Forrest challenged, among other things, the state circuit court’s conclusions on each of his four currently relevant ineffective assistance claims as to the penalty phase. The Missouri Supreme Court affirmed, analyzing each of Forrest’s four ineffective assistance claims considered at the hearing and concluding that in each instance defense counsel’s performance was constitutionally adequate and non-prejudicial. See Forrest II, 290 S.W.3d at 708-12, 714-15, 718.

Forrest then applied for a writ of habeas corpus in federal district court for the Western District of Missouri, presenting, among other claims, the four alleged instances of penalty phase incompetence as parts of a single ineffective assistance claim and arguing the Missouri Supreme Court improperly viewed these points individually, rather than cumulatively. The [853]*853district court denied the application, rejecting Forrest’s cumulative analysis assertion under Middleton v. Roper, 455 F.3d 838

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Cite This Page — Counsel Stack

Bluebook (online)
764 F.3d 848, 2014 U.S. App. LEXIS 16189, 2014 WL 4116479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/earl-forrest-v-troy-steele-ca8-2014.