John Ferguson v. Secretary, Florida Department of Corrections

716 F.3d 1315, 2013 WL 2157858, 2013 U.S. App. LEXIS 10161
CourtCourt of Appeals for the Eleventh Circuit
DecidedMay 21, 2013
Docket12-15422
StatusPublished
Cited by30 cases

This text of 716 F.3d 1315 (John Ferguson v. Secretary, Florida Department of Corrections) 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
John Ferguson v. Secretary, Florida Department of Corrections, 716 F.3d 1315, 2013 WL 2157858, 2013 U.S. App. LEXIS 10161 (11th Cir. 2013).

Opinions

[1318]*1318CARNES, Circuit Judge:

The Supreme Court has decided that a convicted murderer cannot be executed unless he has a rational understanding of the fact that he is going to be put to death and of the reason for his execution. Panetti v. Quarterman, 551 U.S. 930, 954-60, 127 S.Ct. 2842, 2859-62, 168 L.Ed.2d 662 (2007). In announcing that rule, however, the Court did not decide what rational understanding means in this context. It acknowledged that “a concept like rational understanding is difficult to define” and cautioned that “normal” or “rational” in this context does not mean what a layperson understands those terms to mean. Id. at 959-60, 127 S.Ct. at 2862. The Court did reject the standard the court of appeals had applied in the Panetti case because that standard disregarded or did not give sufficient consideration to evidence of “psychological dysfunction” and “delusional beliefs.” Id. at 960, 127 S.Ct. at 2862. But the Court emphasized that it deliberately was not being more specific and cautioned that it was “not attempting] to set down a rule governing all competency determinations.” Id. at 960-61, 127 S.Ct. at 2862. “[W]e find it difficult,” the Court confessed, “to amplify our conclusions or to make them more precise.” Id. at 961, 127 S.Ct. at 2863.

The bottom line of the Panetti decision is that there is not yet a well-defined bottom line in this area of the law. Instead of attempting to answer more specifically the question of what is required for a rational understanding of death by execution and the reason for it, the Supreme Court preferred to leave “a question of this complexity” to be addressed in a fuller manner and on a better record by the district court and the court of appeals in that case. Id. The decision not to decide more is, unfortunately, the last word from the Supreme Court on the “question of this complexity,” one variation of which is presented by the facts in our case.

The habeas petitioner in our case, John Ferguson, contends that under the Panetti decision he is mentally incompetent to be executed. As the facts come to us, Ferguson has a mental illness but he does understand that he is going to die by execution, and he understands that it is going to happen because he committed eight murders. Ferguson also believes, as tens of millions if not hundreds of millions of other people do, that there is life after death. Countless people also believe, as he does, that they are among God’s chosen people. But Ferguson’s religious belief is more grandiose than that because he believes that he is the Prince of God. The Florida courts rejected Ferguson’s Panetti claim, and we must decide whether their decision to do so “was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding” or was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254(d). The key words being “clearly established law.” Or the lack of it.

I. BACKGROUND

A. The Crimes

Part of the analysis of Ferguson’s mental competency to be executed involves his understanding of the connection between his execution and the crimes for which he is going to be executed, which makes the nature of those crimes relevant.

1. The Carol City Murders

On the night of July 27, 1977, Ferguson, posing as a Florida Power and Light employee who needed to check some electrical outlets, persuaded Miss Margaret [1319]*1319Wooden to let him enter her home. Ferguson v. State, 417 So.2d 639, 640, 643 (Fla.1982). After pretending to check the outlets in several rooms, Ferguson drew a gun on Wooden and bound and blindfolded her. Id. at 640. He then let two of his criminal cohorts into the house so that they could search it for drugs and valuables. Id. About two hours later the owner of the house and five of his friends arrived. Id. Wielding guns, Ferguson and his accomplices bound and blindfolded and searched the six men. Shortly thereafter, Wooden’s boyfriend, Michael Miller, arrived. He, too, was bound and blindfolded and searched at gunpoint. Id. While six of the robbery victims were forced to kneel in the living room, Miller and Wooden were taken into her bedroom. Id. There they were put with their knees on the floor and their upper bodies lying across the bed. Id. at 641.

Then the killing began. Ferguson and his partners in crime methodically murdered five of the six men who were kneeling in the living room by shooting each one in the back of the head while his hands were tied behind him. Id. One of the six men somehow survived the shot to the back of his head, living to tell about the methodical murders of the other men in the living room. Id.

While Miller and Wooden were kneeling in the bedroom, Wooden heard the gunshots in the living room. Id. She saw her boyfriend shot to death beside her. Id. She saw a pillow coming toward her before she was shot in the head. Id. And she heard Ferguson running out of the bedroom after the shootings. Id. Despite her head wound, Wooden managed to make it to a neighbor’s house. Id. When the police arrived at Wooden’s house, they found six dead victims, all of whom had been shot in the back of the head while their hands were bound behind their backs, and they found the two intended murder victims who had been shot in that same manner but had somehow survived. Id.

2. The Hialeah Murders

Ferguson had two accomplices when he committed the six Carol City murders, but less than six months later he committed two more murders all by himself. Ferguson v. State, 417 So.2d 631, 633 (Fla.1982). On the evening of January 8, 1978, Brian Glenfeld and Belinda Worley, both of whom were seventeen years old, left a Youth for Christ meeting in Hialeah. Id. They were supposed to meet some friends at a local ice cream parlor, but they never arrived. Id. Apparently on the way to meeting their friends, the young couple pulled off the road. See id. at 636. What Ferguson did to the two teenagers when he chanced upon them was recounted by the trial court judge:

The facts reveal that the two victims were seated in an automobile and while seated therein a gunshot was fired through the window striking Brian Glen-feld in the arm and chest area. A significant amount of bleeding followed and this victim’s blood was found throughout many areas of the front of the automobile as well as on the clothing of Belinda Worley. Following the shooting, the female victim ran many hundreds of feet from the car in an attempt to [elude] the defendant and was finally overtaken in some rather dense overgrowth and trees. She was subjected to many physical abuses by this defendant, including but not limited to, sexual penetration of her vagina and anus.

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Cite This Page — Counsel Stack

Bluebook (online)
716 F.3d 1315, 2013 WL 2157858, 2013 U.S. App. LEXIS 10161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-ferguson-v-secretary-florida-department-of-corrections-ca11-2013.