Howard v. Gavin

810 F. Supp. 1269, 1993 U.S. Dist. LEXIS 432, 1993 WL 10862
CourtDistrict Court, S.D. Georgia
DecidedJanuary 14, 1993
DocketNo. CV691-049
StatusPublished
Cited by1 cases

This text of 810 F. Supp. 1269 (Howard v. Gavin) is published on Counsel Stack Legal Research, covering District Court, S.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Howard v. Gavin, 810 F. Supp. 1269, 1993 U.S. Dist. LEXIS 432, 1993 WL 10862 (S.D. Ga. 1993).

Opinion

ORDER

BOWEN, District Judge.

Petitioner, an inmate confined at Women’s Correctional Institution in Hardwick, Georgia, filed a petition for writ of habeas corpus pursuant to the provisions of 28 U.S.C. § 2254, to vacate or set aside a conviction and sentence that she received in the Superior Court of Jenkins County, Georgia. Respondent filed a response in opposition. The Magistrate Judge recommended granting the petition, and Respondent filed an objection to the recommendation. For the reasons set forth below, the Court accepts the Magistrate Judge’s recommendation and grants the petition.

I. BACKGROUND

Petitioner was convicted of murder by a Jenkins County Superior Court jury and was sentenced to life imprisonment. Petitioner’s motion for a new trial was denied. She then appealed her conviction to the Supreme Court of Georgia. Her sole enumeration of error on appeal was that the [1271]*1271trial court improperly admitted hearsay statements of the shooting victim, Linda McCorvey, through a medical doctor who examined the victim. Petitioner maintained, inter alia, that the admission of Ms. McCorvey’s statements violated Petitioner's rights under the Confrontation Clause of the Sixth Amendment to the United States Constitution.

The Georgia Supreme Court affirmed Petitioner’s conviction and sentence. In its published opinion, the court recounted the following pertinent facts:1

At the time of the shooting, Ms. Howard occupied the driver’s seat of her parked automobile, while Gene Grim, the victim’s boyfriend, occupied the passenger’s side. The victim stood outside on the driver’s side. Ms. Howard testified that the victim, who was large and jealous, approached the vehicle, reached through the partially open driver’s side door window and began to pull her hair, pinning her against the window. Ms. Howard claimed that while still pinned she retrieved her pistol and fired a warning shot. When the victim continued pulling Ms. Howard’s hair, she fired the second and fatal shot.
The only other surviving eyewitness, Mr. Grim, testified that he neither heard the victim threaten Ms. Howard, nor saw the victim pull Ms. Howard’s hair. He went on to state that he did not see or feel the automobile shake from any bodily contact.
Before the victim died, she told Dr. Charles F. Cowart, about the incident, relating that Ms. Howard threatened to shoot if the victim “took another step ” toward the automobile. The victim went on to say, “I did, and she did." At trial the doctor’s testimony about that conversation was allowed into evidence, over the objection of the defense counsel.
Medical testimony indicated that the victim died as a result of a gunshot wound causing traumatic injury to several internal organs of her chest. State experts testified that the bullet recovered from the victim’s body matched test bullets fired from Ms. Howard’s pistol. The investigating police officers testified that no weapon, other than Ms. Howard’s pistol, was recovered from the scene of the crime, and they found no signs of blood or hair and no indications of a struggle.

Howard v. State, 261 Ga. 251, 403 S.E.2d 204, 204-205 (1991) (emphasis added). The supreme court found — contrary to the trial court’s ruling — that the victim’s statements to Dr. Cowart regarding the circumstances of the shooting incident did not fall within a statutory exception for hearsay statements that are reasonably pertinent to medical diagnosis or treatment. Id. at 205 (citing O.C.G.A. § 24-3-4). Without explicitly addressing the Sixth Amendment right to confront witnesses, however, the court, finding “that a rational trier of fact could have found Ms. Howard guilty beyond a reasonable doubt,” id. (citing Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979)), determined that admitting the victim’s statements was harmless error. Id.

Petitioner subsequently filed her habeas corpus petition with this Court. The Sixth Amendment Confrontation Clause argument represents Petitioner’s sole enumeration of error.

II. ANALYSIS

A. The Basis for Habeas Corpus Review Title 28 U.S.C. § 2254 provides that

(a) ... a district court shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.
(b) An application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State [1272]*1272court shall not be granted unless it appears that the applicant has exhausted the remedies available in the courts of the State____
(c) An applicant shall not be deemed to have exhausted the remedies available in the courts of the State, within the meaning of this section, if he has the right under the law- of the State to raise, by any procedure available, the question presented.

Id. § 2254(a)-(c).

1. A “wrong of constitutional dimension.” In habeas corpus proceedings, “[fjederal courts hold no supervisory authority over state judicial proceedings and may intervene only to correct wrongs of constitutional dimension.” Smith v. Phillips, 455 U.S. 209, 221, 102 S.Ct. 940, 948, 71 L.Ed.2d 78 (1982). Petitioner argues that admitting the hearsay statements at trial violated the Confrontation Clause of the Sixth Amendment, which provides that “[i]n all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him____” U.S. Const, amend. VI. Petitioner contends that this constitutional violation was not “harmless error” in accordance with the test enunciated in Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967). (Pet’r’s Br. Supp.Pet. Writ of Habeas Corpus at 13-14.) Because Petitioner has asserted that her Sixth Amendment right to confrontation was denied at her trial, the petition is an appropriate one for habeas corpus review.

2. Exhaustion of remedies. The substance of a federal habeas corpus claim must first be presented to the state courts to satisfy the exhaustion-of-remedies requirement of 28 U.S.C. § 2254(b). Picard v. Connor, 404 U.S. 270, 278, 92 S.Ct. 509, 513, 30 L.Ed.2d 438 (1971). In the case sub judice, Respondent expressly states that he “does not contest exhaustion in this case,” (Resp’t’s Answer-Resp.

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Bluebook (online)
810 F. Supp. 1269, 1993 U.S. Dist. LEXIS 432, 1993 WL 10862, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-v-gavin-gasd-1993.