Guy Allen v. William Stephens, Director

619 F. App'x 280
CourtCourt of Appeals for the Fifth Circuit
DecidedJuly 21, 2015
Docket13-70027
StatusUnpublished
Cited by3 cases

This text of 619 F. App'x 280 (Guy Allen v. William Stephens, Director) 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
Guy Allen v. William Stephens, Director, 619 F. App'x 280 (5th Cir. 2015).

Opinion

PER CURIAM: *

The United-States District Court for the Western District of Texas denied petitioner Guy Allen’s federal habeas petition and denied his request for a Certificate of Ap-pealability (“COA”). Allen now moves in this court for a COA. The motion is DENIED.

FACTUAL AND PROCEDURAL BACKGROUND

On the morning of April 3, 2002, nineteen-year-old Janette Johnson placed a 911 call to police stating there was “domestic violence” occurring between her mother, Barbara Hill, and her.“mom’s friend.” Police arrived seven minutes after the call and found Hill dead in the backyard and Johnson dead in the kitchen. Hill had been stabbed or cut forty-six times; Johnson had been stabbed or cut ten times. Allen ostensibly was Hill’s boyfriend at the time of the killings. Allen concedes that he “was connected to the commission of the offense by a plethora of evidence, including, among other things, numerous DNA matches.” Allen was tried in state court in Travis County, Texas. A jury found him guilty of capital murder.

During the penalty phase of the trial, Allen’s younger brother, Steve Allen, 1 testified about Allen’s family background. It was extremely impoverished and rife with abuse. Steve testified that he, Allen, and their six siblings, lived with their mother in a one-room house. The family often had no electricity or gas, food was scarce, and the children slept on the floor. Their father was rarely at home, but when he was, he was angry, violent, and drunk. Their father physically abused their mother, and both parents physically abused the children. Additionally, Allen was repeatedly raped by a cousin from age nine to eleven.

Steve also testified about the family’s reluctance to speak of Allen to his counsel or the mitigation specialist:

Counsel: Was it difficult for you to come forward and speak to this jury today?
*282 Steve: Harder than you think.
Counsel: The things that you’ve told this jury—
Steve: Something I was never supposed to tell.
Counsel: Are these things you even discuss inside your family?
Steve: Never. They never get brought up. They never get mentioned. They never get talked about. They never get hinted about. Something that was supposed to stay hidden.
Counsel: Were you encouraged not to tell?
Steve: For — yeah, they told me not to say anything. If [mitigation specialist] [G]erry Byington would come by and send a message on, I was not to talk to him for any reason. Or any one of the lawyers that were representing my brother. I wasn’t suppose[d] to talk to them, period.
Counsel: Well, we’re talking about right now, not sometime in the past.
Steve: I’m talking about just here recently, even last night. I was encouraged not to talk to you — any of you about it.
Counsel: It’s not something even you and Guy have discussed, is it?
Steve: Never.

During its closing argument, the prosecution stated that “[i]f there is a scintilla of mitigation, it must come from Steve Allen” and “if there’s one of you who believes that Steve Allen is a credible and believable person, we failed in voir dire because we did allow an insane person to come on to this jury.” The prosecution noted that no one other than Steve had testified on Allen’s behalf; that the absence of any other witnesses was “telling”; and that their “silence sp[oke] volumes” because “[i]f they had something good to say, you better believe they would have been brought it in here to say it.”

Defense expert Dr. Robert Cantu, a general, and forensic psychiatrist, also testified during the penalty phase. His testimony was based on information gleaned from Steve’s testimony, a meeting between Steve and trial counsel, and facts in a hypothetical incorporating Allen’s life history. He did not personally evaluate Allen or review his records. Cantu testified that Allen’s upbringing explained, but did not excuse, much of his behavior. He stated that because Allen’s father physically abused women and treated them as objects, Allen did so as well, and that Allen was angry with women because his own mother was not protective of him. Also, Allen’s sexual assault by his cousin made him overly aggressive in an attempt to stave off future attacks. Cantu concluded that Allen’s violence and rage could be managed, particularly in a prison setting, with the right type of therapy and medication.

Also presented to the jury during the penalty phase was evidence of Allen’s violent history. In 1994, Allen was convicted of aggravated assault after an altercation with a man that resulted in the man’s death. That same year, a woman with whom Allen had a child was questioned by police about bruises on her face; she testified that Allen, her boyfriend at the time, had beat her. In 1998, Allen assaulted his then-wife Darlene Allen, told her he was going to kill her, broke her jaw, fractured her rib, and ruptured her spleen. When Darlene’s fourteen-year-old daughter tried to intervene, Allen pushed her out a second-story window, resulting in the placement of a rod and two screws in her leg. This resulted in a conviction for misdemeanor assault. While Allen was incarcerated pending trial for the murders of Hill and Johnson, he was involved in two fights *283 with other inmates. Evidence of convictions for drug offenses and criminal trespass was also presented.

Allen was sentenced to death in March 2004. His direct appeal was denied in June 2006, and the United States Supreme Court denied his petition for a writ of certiorari in January 2007. Allen filed for state habeas relief. In one of his ten claims for relief, Allen argued that trial counsels’ mitigation investigation and presentation was inadequate. At the evidentia-ry hearing, trial counsel were asked about their decision not to allow Cantu to personally evaluate Allen. 2 Counsel testified that, they did not want Cantu to evaluate Allen because, if he had, the State would have been allowed to evaluate Allen. Also, one of Allen’s trial counsel testified he felt they would “lose ground” if Cantu met with Allen because Allen was “one of the most explosively dangerous human beings” he had ever known, 3 and the “problem with having an expert interact with your client is that the expert is bound to make truthful answers and you may then create an expert who helps you and damages you at the same time.”

On the same claim, trial counsel testified that Steve was the only family member to present mitigation testimony because Allen and his family would not speak to counsel or the mitigation specialist, Gerry Bying-ton. In fact, trial counsel were surprised when Steve “finally” came forward and agreed to testify. One of Allen’s counsel testified that

Guy was an absolute stonewall.

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Bluebook (online)
619 F. App'x 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guy-allen-v-william-stephens-director-ca5-2015.