James Mathis, Cross-Appellant v. Walter Zant, Warden, Georgia Diagnostic and Classification Center, Cross-Appellee

903 F.2d 1368, 16 Fed. R. Serv. 3d 1193, 1990 U.S. App. LEXIS 8655, 1990 WL 76474
CourtCourt of Appeals for the Eleventh Circuit
DecidedMay 29, 1990
Docket89-8258
StatusPublished
Cited by15 cases

This text of 903 F.2d 1368 (James Mathis, Cross-Appellant v. Walter Zant, Warden, Georgia Diagnostic and Classification Center, Cross-Appellee) 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 Mathis, Cross-Appellant v. Walter Zant, Warden, Georgia Diagnostic and Classification Center, Cross-Appellee, 903 F.2d 1368, 16 Fed. R. Serv. 3d 1193, 1990 U.S. App. LEXIS 8655, 1990 WL 76474 (11th Cir. 1990).

Opinions

PER CURIAM:

The respondent, Walter Zant, Warden of the Georgia Diagnostic and Classification Center, appeals the district court’s order setting aside two death sentences received by the petitioner, James Mathis, following his conviction on two counts of murder. The district court’s order is not an appeal-able final decision under 28 U.S.C. § 1291 (1982). We therefore lack jurisdiction to entertain this appeal.

I.

Petitioner was convicted in Georgia state court of two counts of malice murder, two counts of kidnapping and one count of armed robbery. The jury, which is required to consider both aggravating and mitigating circumstances in determining whether to sentence a defendant to death, found two statutory aggravating circumstances with regard to each murder and recommended that petitioner receive the death penalty for each murder.1 See Ga.Code Ann. § 17-10-30(b)(2), (7) (1982).

On direct appeal to the Georgia Supreme Court, the court affirmed petitioner’s convictions. Mathis v. Georgia, 249 Ga. 454, 291 S.E.2d 489 (1982), cert. denied, 463 U.S. 1214, 103 S.Ct. 3552, 77 L.Ed.2d 1399 (1983). The court invalidated one of the aggravating circumstances that was found in both murders but, nevertheless, affirmed petitioner’s death sentences.

Petitioner then filed in state superior court a petition for a writ of habeas corpus. Petitioner presented eleven distinct grounds for relief, some of which challenged his convictions, some of which challenged the death sentences, and some of which challenged both. The state court conducted an evidentiary hearing on one of petitioner’s theories — that he had been denied effective assistance of counsel at the guilt and sentencing phases of his trial. The court found all of petitioner’s claims to be without merit and denied relief. The Georgia Supreme Court denied petitioner a certificate of probable cause to appeal the superior court’s judgment.

Petitioner next filed a petition for a writ of habeas corpus in federal district court, but the court dismissed the petition for failure to exhaust state remedies. The petitioner therefore returned to the state superior court with another habeas petition. The superior court declined to reach the merits of the petition and again denied relief, holding the petition to be successive [1370]*1370and the claims of error procedurally defaulted. The Georgia Supreme Court again denied a certificate of probable cause to appeal.

Petitioner returned to federal district court with his second petition for a writ of habeas corpus on October 28, 1987. In his second visit to federal court, petitioner renewed the same eleven claims raised in his first state habeas petition. In an order issued on July 27, 1988, the district court ruled on the ineffective-assistance challenge. The court held that petitioner had received effective assistance of counsel at the guilt phase of his trial (on all five charges) but had received ineffective assistance at the sentencing phase (on the murder convictions). The court stated, however, that the record did not contain sufficient evidence to prove whether petitioner had been prejudiced by his counsel’s errors. Thus, the court ordered petitioner to submit additional documentary evidence to support his contention that he had been prejudiced by his counsel’s errors.

In response to the court’s directive, petitioner submitted a substantial body of evidence to demonstrate prejudice, and the court then stated that its confidence in petitioner’s death sentences had been sufficiently eroded to warrant habeas relief. The court therefore granted the writ with regard to the sentences. 704 F.Supp. 1062. Significantly, the court did not address, in either opinion, any of petitioner’s other claims, some of which challenged the constitutionality of his several convictions.

After the court entered judgment requiring the state to provide a new sentencing hearing, respondent moved the court to certify its order as a final judgment under Fed.R.Civ.P. 54(b). The court, however, held that Rule 54(b) certification was unnecessary, stating that its order constituted a “final appealable judgment [because b]y denying the writ as to [petitioner’s] conviction and granting the writ as to his sentence of death, the Court granted petitioner ‘all he could hope to achieve by the litigation.’ ” 708 F.Supp. 339. Respondent now appeals the court’s order granting relief with regard to petitioner’s sentences.

On appeal, respondent challenges the court’s substantive determination that petitioner received ineffective assistance of counsel at the sentencing phase and the court’s decision to allow petitioner to submit additional evidence to bolster his contention that counsel’s performance prejudiced him. Because we lack jurisdiction to entertain this appeal, we do not pass on these arguments.2

II.

This court has “jurisdiction of appeals from all final decisions of the district courts of the United States.” 28 U.S.C. § 1291 (emphasis added). The Supreme Court has held that the final judgment rule applies in habeas corpus proceedings as it does in any other civil or criminal proceeding. See Andrews v. United States, 373 U.S. 334, 340, 83 S.Ct. 1236, 1240, 10 L.Ed.2d 383 (1963). We must therefore test the district court’s order granting partial relief against the final judgment rule embodied in section 1291.

In both criminal and civil cases, a final judgment for purposes of appealability under section 1291 has always been defined as a judgment that “terminate[s] the litigation between the parties on the merits of the case, so that if there should be an affirmance [in the court of appeals], the court below would have nothing to do but to execute the judgment or decree it had already rendered.” Bostwick v. Brinkerhoff 106 U.S. 3, 3-4, 1 S.Ct. 15, 16, 27 L.Ed. 73 (1882). In the far less complex legal system of the nineteenth century, this rule proved easy to apply — if the whole case was not disposed of by the judgment, the judgment was not final. See id. at 4, 1 S.Ct. at 16; see also Sears, Roebuck & Co. v. Mackey, 351 U.S. 427, 431-32, 76 S.Ct. 895, 897-98, 100 L.Ed. 1297 (1956). The traditional formulation of the final judgment rule, however, proved inadequate to [1371]*1371cope with the added complexity of litigation in this century and the liberal joinder rules of the Federal Rules of Civil Procedure. In particular, eases involving multiple claims or multiple parties created abundant conflicting decisions in the lower federal courts. See Fed.R.Civ.P. 54 advisory committee note (1946 amendment).

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903 F.2d 1368, 16 Fed. R. Serv. 3d 1193, 1990 U.S. App. LEXIS 8655, 1990 WL 76474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-mathis-cross-appellant-v-walter-zant-warden-georgia-diagnostic-ca11-1990.