James Eugene Hunter v. Secretary, Dept. of Corr.

395 F.3d 1196, 2005 U.S. App. LEXIS 117, 2005 WL 17741
CourtCourt of Appeals for the Eleventh Circuit
DecidedJanuary 5, 2005
Docket04-13574
StatusPublished
Cited by16 cases

This text of 395 F.3d 1196 (James Eugene Hunter v. Secretary, Dept. of Corr.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James Eugene Hunter v. Secretary, Dept. of Corr., 395 F.3d 1196, 2005 U.S. App. LEXIS 117, 2005 WL 17741 (11th Cir. 2005).

Opinion

CARNES, Circuit Judge:

Around midnight on September 16,1992, four young friends were hanging out on benches in front of the Munch Shop, a local eatery near the campus of Bethune-Cookman College in Daytona Beach, Florida. Taurus Cooley, Michael Howard, Theodore Troutman, and Wayne Simpson were college students who often gathered there to “talk and chat and carr[y] on” because Simpson’s father owned the Munch Shop. They did not know that night would be different from any other.

Not far away, another group of four young men were together but for less innocent purposes. James Eugene Hunter, also known as “Michael Miller” or “Psycho,” was one of them. He was in a car headed to Daytona Beach. With him were Charles Anderson, Eric Boyd, and Bruce Pope. Two young women were also in the car. One of them was Hunter’s girlfriend, Tammie Cowan. The men had with them two long-barrel, black BB guns and a chrome .25 caliber automatic handgun.

In Deland, Florida, about twenty miles west of Daytona, Hunter instructed Co-wan, who was driving, to stop the car. Hunter and the other three men got out of the car with the guns. They confronted a man, Reggie Barkley, who was riding his bicycle down the road toward them. Pointing their guns at him, Hunter and the others ordered him to lay on the ground, screaming at him to “give it up.” They searched Barkley’s pockets and then told him to run into the woods, which he did. After robbing Barkley, Hunter and his friends ran back and jumped into the car, and Hunter told Cowan to drive to Dayto-na.

When they arrived in Daytona around midnight, Hunter first had Cowan stop at a house where he planned to buy marijuana, but no one was home. They left the house and proceeded to drive through Daytona, presumably looking for drugs. As they drove near the campus of Bethune-Cookman College, Hunter and the others saw the four young men sitting on benches in front of the Munch Shop.

After seeing the four young men, Hunter instructed Cowan to stop the car about three blocks away. All four of the men got out of it there. Hunter carried the silver automatic handgun, while two of the others carried the long BB guns. They walked around to the front of the building where Cooley, Howard, Troutman, and Simpson were sitting. At first the friends didn’t think much about the four men walking toward them, assuming they were college students, too. When Hunter and two of his cohorts pulled out them guns and told the young men to “give it up,” they thought it must be a joke. They realized it was no joke when Eric Boyd put his “big, long gun” to Troutman’s neck and ordered him to get on the ground. At the same time, Hunter held his small handgun to Troutman’s neck, and one of the other robbers put the long barrel of his gun into Howard’s back.

Because the young men “didn’t want to make no false moves for them to shoot us,” they complied with every order. Trout-man and Simpson both lay on the ground, as they were told. Howard emptied his pockets, showing that he had only four pennies and some keys. Unsatisfied, one of Hunter’s group told Howard he wanted his clothes. Howard obediently stripped down to his underwear and handed over his Nike tennis shoes, his shirt, his short pants, and his watch. Then, Howard got down on the ground as well. Nearby, Hunter kept his gun pointed at Cooley, ordering him to take off his shirt, which Cooley did.

*1199 As Cooley was handing over his shirt, he was face-to-face with Hunter. At that moment, Hunter opened fire, shooting Cooley in the chest, just above his heart. Cooley dropped the shirt and fell back. Hunter paused a few seconds and then continued shooting down the line. He stood behind Howard, who had been sitting on the ground, and shot him in the back as Howard got up and began to flee. The bullet penetrated Howard’s right shoulder blade, lodging in his body. Hunter next came to Troutman, who was lying face down on the ground. While Hunter’s cohorts snatched Troutman’s shoes off his feet and a twenty-dollar watch off his arm, Hunter stood over Troutman and shot him in the back. Finally, it was Simpson’s turn. Troutman would later recount that his friend Simpson, who had heard the others being-shot, must have known he was next. He described how Simpson was flinching and looking over his shoulder as he lay on the ground. Hunter shot Simpson in the back.

After being shot, each of the four young men was able to run away. They fled in a desperate search for help, running up the stairs of an apartment building, where Wayne Simpson pounded on the door and on a window so hard that he knocked out the glass. But then, as one of the others described it, ‘Wayne just collapsed, Wayne laid down. And then he said — and I ran up to the steps and he said — I said, Wayne, what’s wrong? He said, I’m going to die.” The bullet from Hunter’s handgun had ricocheted through Wayne Simpson’s right lung and his heart, and the young man, only nineteen-years old, bled to death on the steps of the apartment building where he had gone seeking help.

Hunter was convicted by a jury of the first-degree murder of Wayne Simpson, as well as for three counts of attempted first-degree murder, three counts of armed robbery, and one count of attempted armed robbery. Following a sentence hearing, the jury recommended death by a vote of nine to three, and the trial court imposed that sentence. The Florida Supreme Court affirmed the conviction and sentence on direct appeal. Hunter v. State, 660 So.2d 244, 254 (Fla.1995) (‘‘Hunter I”). Hunter filed a state collateral petition. After holding an evidentiary hearing on some of his claims, the trial court denied relief. The Florida Supreme Court affirmed that denial of relief and at the same time denied Hunter’s petition for state ha-beas relief. Hunter v. State, 817 So.2d 786, 799 (Fla.2002) (“Hunter II”).

Hunter then filed in the United States District Court for the Middle District of Florida a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. That court denied the petition and denied Hunter’s request for a certificate of appealability. We granted him a certificate on two issues: (1) whether he was deprived of his right to counsel under the Sixth Amendment as a result of his trial counsel laboring under a conflict of interest; and (2) whether his trial counsel rendered ineffective assistance by failing to present the jury with certain evidence concerning photographs that had been taken of the four robbers shortly after the crime.

I.

As to the first claim Taurus Cooley, a surviving victim, was one of the most iih-portant witnesses for the State at the guilt stage of the trial; he identified Hunter as the robber who had fired the shots that killed Wayne Simpson and injured the other three victims. Hunter was represented by George Burden, a member of the Volu-sia County Public Defender’s Office. Before Hunter’s trial, other members of that same office had represented Cooley on a number of unrelated criminal charges. Some of that legal representation of Cooley had occurred within a year preceding *1200 the trial. The record does establish that Cooley had a criminal history, including some convictions, but it is not clear that there were any charges pending against him at the time of Hunter’s trial.

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Cite This Page — Counsel Stack

Bluebook (online)
395 F.3d 1196, 2005 U.S. App. LEXIS 117, 2005 WL 17741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-eugene-hunter-v-secretary-dept-of-corr-ca11-2005.