Eric D. Clemmons v. Paul K. Delo

177 F.3d 680, 1999 U.S. App. LEXIS 9818, 1999 WL 318492
CourtCourt of Appeals for the Eighth Circuit
DecidedMay 21, 1999
Docket96-4118
StatusPublished
Cited by23 cases

This text of 177 F.3d 680 (Eric D. Clemmons v. Paul K. Delo) 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
Eric D. Clemmons v. Paul K. Delo, 177 F.3d 680, 1999 U.S. App. LEXIS 9818, 1999 WL 318492 (8th Cir. 1999).

Opinions

RICHARD S. ARNOLD, Circuit Judge.

A jury convicted Eric Clemmons of capital murder and first-degree assault. The Circuit Court of the City of St. Louis sentenced Clemmons to life imprisonment, with eligibility for parole in fifty years, for the murder conviction, and a concurrent sentence of ten years for the assault conviction. The convictions were affirmed by the Missouri Court of Appeals. State v. Clemmons, 682 S.W.2d 843 (Mo.App.1984). Pursuant to Missouri Supreme Court Rule 29.15, Clemmons then sought post-conviction relief. His motion for post-conviction relief was denied by the Circuit Court. The Missouri Court of Appeals again affirmed. Clemmons v. State, 795 S.W.2d 414 (Mo.App.1990), cert. denied, 500 U.S. 907, 111 S.Ct. 1689, 114 L.Ed.2d 83 (1991). Clemmons then filed a 28 U.S.C. § 2254 petition for habeas corpus relief. The District Court1 denied the petition, and Clem-mons now appeals.

[683]*683Petitioner raised a number of issues in his original habeas petition. The magistrate judge’s2 report and recommendation held that some of the claims were procedurally barred because of Clemmons’s failure to raise them at the appropriate stages of the Missouri state-court proceedings. The magistrate judge recommended denying the remaining claims on their merits. After Clemmons objected to the magistrate judge’s report, the magistrate judge reconsidered some of the issues raised in the petition. Prior to the District Court’s ruling, but after the magistrate judge’s second report and recommendation, Clem-mons filed a motion to amend his habeas petition, seeking to add an additional claim. The District Court denied both the habeas petition, following the magistrate judge’s recommendations, and the motion to amend. Clemmons raises five issues in his appeal, abandoning some of the issues brought before the District Court. We affirm.

I.

In the early morning hours of August 14, 1982, Clemmons and some friends were standing on a street corner in St. Louis when they heard Clemmons’s brother, Stanley Barnes, yell from up the street that someone was trying to rob him. Clemmons and his friends approached Barnes and found him swinging a pipe at Lindsey Washington. On their way up the street to reach Barnes, Clemmons and his friends passed Todd Weems running in the opposite direction. When Clemmons reached Barnes, he pulled him off Washington and began hitting Washington himself. During his trial, Clemmons testified that Barnes then told him that Weems had been with Washington and that Weems had robbed Barnes as well. Clemmons then chased Weems. Clemmons testified that Weems swung- a board at him, and that Clemmons then found a pipe on the ground, which he swung at Weems in self-defense. Clemmons stated that he did not have the pipe when he first approached Weems. Testimony from the prosecution’s witnesses — the friends who had been with Clemmons on the street corner — indicated that Barnes also attacked Weems, although the testimony differed as to who reached Weems first, and who hit him first.

Weems died after the attack. Washington survived. Weems suffered bruises and abrasions on the left side of his face; abrasions on the bridge of his nose, above his right eye, and on his mouth; and lacerations on his ear. Weems also suffered blows to the back of his head. The medical examiner, Dr. Case, testified at Clem-mons’s trial that the cause of death was a closed-head injury.

II.

Clemmons’s first claim is that he received ineffective assistance of counsel because his trial counsel failed to elicit Weems’s exact cause of death from the medical examiner. The District Court denied this argument — claim VIII in the District Court’s opinion — on its merits. The standard for claims of ineffective assistance of counsel is well established. See Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). A petitioner must show that counsel’s performance “fell below an objective standard of reasonableness.” Strickland, 466 U.S. at 688. The petitioner must also show that there was a reasonable probability of a different outcome if counsel had performed properly. Id. at 687.

Clemmons’s argument focuses on the difference in testimony provided by the medical examiner at Clemmons’s trial and at Stanley Barnes’s trial. During Clem-mons’s trial, Dr. Case testified that some of the marks on Weems’s face were proba[684]*684bly the result of being struck with a linear instrument, such as a pipe (Trial Tr. 289-90; Index to Exhibits vi.) In addition to the injuries Weems suffered on his face, he was also struck on the head. According to Dr. Case’s testimony, the blows to Weems’s head were likely the fatal blows (Trial Tr. 295-96.) When asked by the prosecution whether the injuries to Weems’s head “could ... have been consistent with an object such as a pipe that caused the injuries” on Weems’s face, Dr. Case responded “Yes” (Trial Tr. 309.) Clemmons’s attorney did not question Dr. Case about this testimony. When questioned about the blows to Weems’s head during Barnes’s trial, Dr. Case stated her opinion that “the blows to the head, to the scalp area were not made by the same linear instrument that caused the injuries” to Weems’s face (Barnes Trial Tr. 44.) She also said that the three blows to Weems’s face would not, by themselves, have been lethal.

Clemmons argues that Dr. Case’s testimony differed at the two trials, and that Clemmons’s trial counsel should have questioned Dr. Case further about the cause of the blows to the head. Clemmons must show a reasonable probability that this evidence would change the outcome of the trial. Clemmons has failed to do this. In the first place, we do not know what Dr. Case would have said if Clemmons’s counsel had pressed her on the matter. She might have repeated with even greater force that the fatal blows were “consistent with ... a pipe.” The fact that Dr. Case (arguably) testified differently at the later Barnes trial may mean only that she had had a chance to reflect and had somewhat modified her opinion. When questioned repeatedly about the subject, witnesses will sometimes give answers with different emphases, and do so entirely innocently. In the second place, Dr. Case’s testimony at the later trial was not necessarily inconsistent with what she had said at Clem-mons’s trial. When she testified at Barnes’s trial, she did not entirely rule out a pipe or similar object as the instrument that inflicted the injuries that caused death (Barnes Trial Tr. 39.) Finally, the jury could still have convicted Clemmons, on an accomplice theory, even if it thought someone else struck the fatal blows. On the whole, our confidence in the outcome of the trial is not undermined. Clemmons has not borne the burden of showing prejudice, even if counsel’s performance fell below an acceptable level.

III.

Clemmons’s second claim is essentially a replay of his first one. He argues that the State wrongfully withheld from him Dr. Case’s actual opinion — -as shown by her testimony at the subsequent trial of Stanley Barnes — that the fatal blows were probably not struck by the pipe that caused the injuries to the victim’s face.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Valentine v. Jeffreys
D. Nebraska, 2025
Karascon v. Shaver
E.D. Michigan, 2024
Rice v. MaCauley
E.D. Michigan, 2023
Buchanan v. Hemingway
E.D. Michigan, 2021
Marion v. Woods
E.D. Michigan, 2021
Odom v. Morrison
E.D. Michigan, 2021
Hopper v. Norman
E.D. Missouri, 2020
Smith v. Jackson
E.D. Michigan, 2019
United States v. Boedigheimer
295 F. Supp. 3d 912 (D. Maine, 2018)
State of Washington v. Clay Martin Hull
Court of Appeals of Washington, 2014
United States v. Stoltz
325 F. Supp. 2d 982 (D. Minnesota, 2004)
Richard Diguglielmo v. Joseph T. Smith
366 F.3d 130 (Second Circuit, 2004)
Deutsche Financial Services Corp. v. BCS Insurance
299 F.3d 692 (Eighth Circuit, 2002)
Eric W. Taylor v. Pamela Withrow
288 F.3d 846 (Sixth Circuit, 2002)
Tavares v. United States
230 F. Supp. 2d 126 (D. Massachusetts, 2001)
Surratt v. United States
165 F. Supp. 2d 946 (D. Minnesota, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
177 F.3d 680, 1999 U.S. App. LEXIS 9818, 1999 WL 318492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eric-d-clemmons-v-paul-k-delo-ca8-1999.