James E. Ward v. Jerry L. Sternes

334 F.3d 696, 2003 U.S. App. LEXIS 13688, 2003 WL 21525604
CourtCourt of Appeals for the Seventh Circuit
DecidedJuly 8, 2003
Docket02-3104
StatusPublished
Cited by129 cases

This text of 334 F.3d 696 (James E. Ward v. Jerry L. Sternes) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James E. Ward v. Jerry L. Sternes, 334 F.3d 696, 2003 U.S. App. LEXIS 13688, 2003 WL 21525604 (7th Cir. 2003).

Opinions

KANNE, Circuit Judge.

When asked “Are you black?” and “Are you white?” by a neurologist, petitioner James E. Ward, an African-American male, earnestly answered “Yes” to both questions. Similarly, with “Yes” and “No” answers Ward indicated that a hammer was good for both cutting wood and pounding in nails, that good rubber boots both keep water out and let water in,, that two pounds of flour weigh more than and less than one pound of flour, and that both boats and stones sink in water. Ward has a condition known as aphasia, resulting from blunt head trauma he suffered in 1993, which manifests itself in this disconnect between questions asked of Ward and the answers he gives.

In this appeal from the grant of Ward’s habeas corpus petition, we ask whether an Illinois appellate court committed unreasonable error when it concluded that Ward’s statement, “I guess, I don’t know,” constituted a knowing and intelligent waiver of his fundamental right to testify at his trial for the 1994 murder of his wife. The district court held that the state appellate court applied an overly deferential standard of review to the trial court’s ruling that “I guess, I don’t know” meant “Yes, I waive my right to testify,” and erroneously supplanted trust in the defense counsel’s recommendation that Ward not testify for Ward’s personal understanding of his fundamental rights. The state argues that in granting Ward’s motion, the district court failed to give statutorily required deference to the Illinois appellate court, which might have reached a different conclusion than the district court would have, but did not reach that conclusion unreasonably. Like the district court, we find that the Illinois appellate court committed unreasonable error when it upheld the trial court’s ruling that Ward actually understood his right to testify and personally, knowingly, and intelligently waived that right. We therefore affirm.

HISTORY

In the early morning hours of September 9, 1994, Suriego Walker, Ward’s stepson, awoke to the sounds of screaming coming from the living room of his house. When he got there, Suriego saw his stepfather Ward stabbing his mother Evelyn repeatedly with a kitchen knife. He struggled with Ward and disarmed him. After he was subdued, Ward rambled and mumbled, at times incoherently, at times pleading with Suriego to kill him.

For the better part of the previous evening in fact, Ward had been wandering about the house incoherently rambling, [699]*699getting himself angry and calming himself down in a repeating cycle. Ward started behaving this way after losing a fight to Suriego’s cousin, Leroy Turner. We don’t know why the fight broke out, only that it happened while Ward was intoxicated, after he, Evelyn, and a friend, Tony Clark, had been drinking beer throughout the afternoon at the house. (Ward had a blood alcohol level of .234 at the time of his arrest.) We do know, however, that the fight ended with Turner hitting Ward in the head first with a chair and then with a brass object, knocking Ward temporarily unconscious. When Ward came to, he was bleeding from his temple. Over the next few hours, he intermittently and violently accused his wife and the others present of “jumping him.” It was after one of these outbursts that Ward began stabbing Evelyn.

Ward was arrested and charged with his wife’s murder. On April 4, 1995, Ward was declared unfit to stand trial. But at a hearing on February 21, 1996, Ward’s fitness was deemed restored. His symptoms were judged to be controllable through the use of psychotropic drugs, but the fitness report cautioned that “one must exercise patience and listen closely to what Ward is saying” as a result of his language-processing handicap. On August 19, 1996, Ward’s trial began.

Only disputed issue at Ward’s trial was his sanity. Because of an earlier, traumatic injury that Ward had suffered in 1993, nine months before the murder, Ward had sustained “very marked” abnormalities to the left frontal and temporal lobes of his brain. Neurologists testified at trial that the temporal lobe controls language and that the frontal lobe governs inhibition. They further testified that Ward’s temporal-lobe injury resulted in his aphasia (as described above) and that the frontal-lobe injury severely impeded his ability to control his impulses. The district court observed that it’s also possible that the additional injuries that Ward suffered on the day of the killing inflicted further brain damage, as Ward showed no ability to recall the events of that day beyond his fight with Turner.

The defense called two psychiatrists to testify that Ward was legally insane when he killed his wife. Both testified that Ward suffered from dementia as a result of the 1993 blunt head trauma and that the dementia made him unable to control or appreciate the criminality of his conduct during his wife’s murder.

In response, the state argued that Ward’s inability to restrain his impulses on the day of the murder was caused by his voluntary intoxication rather than any mental defect. On cross-examination, one of the defense’s psychiatrists, Dr. Lawrence Jeckel, agreed with the prosecution’s suggestion that alcohol was a “necessary component” of Ward’s inability to control his actions. But the other psychiatrist, Dr. Arthur Traugott, testified that Ward’s dementia would have made it highly unlikely that he would have been able to control his violent impulses towards his wife even if he had been sober. Dr. Trau-gott further opined that, due to his condition, Ward probably lacked the ability to control his use of alcohol or drugs anyway. The state introduced no expert testimony to rebut that of Drs. Traugott and Jeckel.

On August 21, 1996, the defense concluded its case without putting Ward on the stand. The state questioned whether Ward had voluntarily waived his right to testify and requested that the court make a record of the waiver. Ward’s counsel admitted that it wasn’t his client, but he who had made the decision to keep Ward off the stand. He further told the court that hfe didn’t believe he could have an informed discussion with Ward about the [700]*700decision, since most of his prior exchanges with his client were one-sided, generating only an occasional “uh-uh” response from Ward. On the court’s suggestion, however, defense counsel agreed to discuss the matter with him.

In chambers the next day, the court asked Ward whether his attorney had talked to him about not testifying in court and whether he agreed with that decision:

THE COURT: [Defense counsel] has indicated that it is his best advice and professional judgment that you not be called to testify yourself and he stated that he has talked to you about that. Is that true?
WARD: Yeah.
THE COURT: Do you agree with that?
WARD: I don’t know what’s all going to happen to me. I just been sitting around here. My wife is gone and my kid is gone and they beat me up all the time. I don’t know what I’m going to do now.
THE COURT: Well, we are really not here to discuss that. We just want to make sure that you’re in agreement that it is a good decision that you not testify.
WARD: I guess. I don’t know.
THE COURT: [After dismissing Ward] That’s the best we will ever do.

Satisfied with this colloquy, the trial court allowed the defense to rest without putting Ward on the stand.

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334 F.3d 696, 2003 U.S. App. LEXIS 13688, 2003 WL 21525604, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-e-ward-v-jerry-l-sternes-ca7-2003.