John Troy v. Secretary, Florida Department of COrrections

763 F.3d 1305, 2014 WL 3974561, 2014 U.S. App. LEXIS 15720
CourtCourt of Appeals for the Eleventh Circuit
DecidedAugust 15, 2014
Docket13-10516
StatusPublished
Cited by3 cases

This text of 763 F.3d 1305 (John Troy 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 Troy v. Secretary, Florida Department of COrrections, 763 F.3d 1305, 2014 WL 3974561, 2014 U.S. App. LEXIS 15720 (11th Cir. 2014).

Opinions

MARCUS, Circuit Judge:

John Troy, a Florida prisoner sentenced to die for the murder of Bonnie Carroll, seeks a writ of habeas corpus. During the penalty phase of trial, the state court excluded testimony from corrections officer Michael Galemore about general conditions in Florida prisons for those serving life sentences, including the nature of custody and the availability of illegal drugs. Gale-more had never met Troy and had no firsthand knowledge of his character, record, or conduct. Still, Troy argues that this exclusion violated his Eighth and Fourteenth Amendment right to present mitigation evidence bearing on his capacity for rehabilitation and his ability to contribute in prison, see Eddings v. Oklahoma, 455 U.S. 104, 114, 102 S.Ct. 869, 71 L.Ed.2d 1 (1982), as well as his Fourteenth Amendment right to present a complete defense by rebutting cross-examination, see Crane v. Kentucky, 476 U.S. 683, 690, 106 S.Ct. 2142, 90 L.Ed.2d 636 (1986). The Florida Supreme Court rejected these arguments on direct appeal, as did the federal district court on collateral review.

We affirm the district court’s denial of habeas relief. Though a capital sentencer must be allowed to consider relevant mitigating evidence, the Supreme Court has refused to limit “the traditional authority of a court to exclude, as irrelevant, evidence not bearing on the defendant’s character, prior record, or the circumstances of his offense.” Lockett v. Ohio, 438 U.S. 586, 605 n. 12, 98 S.Ct. 2954, 57 L.Ed.2d 973 (1978). Similarly, while the Fourteenth Amendment ensures a meaningful opportunity to present a complete defense, state courts may “exclude evidence through the application of evidentiary rules that themselves serve the interests of fairness and reliability.” Crane, 476 U.S. at 690, 106 S.Ct. 2142. Galemore would have said nothing about Troy’s character, conduct, or individual qualities, and could only have guessed about Troy’s potential conditions of imprisonment. Thus, the Florida Supreme Court did not act contrary to and did not unreasonably apply clearly established Supreme Court law when it denied relief on the ground that Galemore’s testimony was irrelevant and speculative. See 28 U.S.C. § 2254(d)(1).

Moreover, even if the decision to exclude Galemore’s testimony had been error, it would have been harmless because Troy has not established that keeping out Gale-more’s testimony “had substantial and injurious effect or influence” on the jury’s death recommendation. Brecht v. Abrahamson, 507 U.S. 619, 623, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993) (quoting Kotteakos v. United States, 328 U.S. 750, 776, 66 S.Ct. 1239, 90 L.Ed. 1557 (1946)). Troy, a convicted violent felon on probation in two states, committed a grisly slaying in the course of a robbery and sexual assault. The extensive mitigating evidence presented — including testimony about Troy’s drug use, his troubled background, and his constructive conduct during previous prison terms — did not come close to balancing the powerful aggravators. We see no reason to suspect that the jury, which voted eleven to one for death, would have made a [1308]*1308different recommendation had Galemore testified.

I.

When it rejected on direct appeal Troy’s arguments about the exclusion of Gale-more’s testimony, the Florida Supreme Court found the following essential facts. See Troy v. State, 948 So.2d 635, 638-42 (Fla.2006) (per curiam). John Troy was charged with first degree murder, armed burglary, armed robbery, and attempted sexual battery with a weapon for his fatal attack of Bonnie Carroll. Troy was also charged with the armed burglary, aggravated battery, armed kidnapping, and armed robbery of Traci Burchette.

Evidence presented at the guilt phase of the trial established that John Troy had lived with his mother and girlfriend in the same apartment complex as Bonnie Carroll since his release from prison on July 25, 2001. Troy, who had been serving a sentence for armed robbery, was placed on conditional release that required regular drug testing. After Troy told his probation officer that he had smoked marijuana in prison, his first scheduled drug test was delayed until September 11, 2001. When Troy tested positive for cocaine that day, his probation officer told him that he would be re-incarcerated. That night, as the nation mourned an unspeakable tragedy, John Troy committed murder.

Upon failing the drug test, Troy returned to his apartment and began to argue with his girlfriend. He left with a kitchen knife and did not return. He visited Melanie Kozak, with whom he used cocaine a total of four times on September 11 and 12 — three times before the murder and once after. At approximately 12:30 a.m. on September 12, Troy pounded on the sliding glass door of a neighbor, Karen Curry, who called police and did not let him in. Between his 12:30 a.m. encounter with Curry and a 2:00 a.m. visit to Kozak, Troy killed Bonnie Carroll.

Carroll’s naked body was found in her Sarasota, Florida, apartment in the late afternoon of September 12, 2001. She had numerous stab wounds to the front of her body, large neck incisions, and blunt force injuries around her face. An electrical cord was tied around her thigh and a cloth was slung around her neck. An autopsy revealed a bloody, folded piece of cloth had been wedged in the back of her throat when she was still alive. The cloth around her neck and petechial hemorrhages in her eyes possibly indicated strangulation. Carroll showed small, fresh injuries to her external genitalia and thighs, though there were no internal injuries and no identified semen. A medical examiner testified that the evidence was consistent with an assailant attempting to sexually batter the victim before she was killed. An X-ray showed a knife blade broken off inside Carroll’s body. A matching, bladeless knife handle recovered from the counter-top in her bathroom contained the blood of Carroll and Troy. Carroll’s blood was also present on a steak knife found near her body. Tests showed no drugs in Carroll’s system. Her blood alcohol level, 0.037, was consistent with having a glass of wine. In total, Carroll suffered at least fifty-four injuries, including forty-four stab wounds, three incise wounds to the neck, seven impact injuries to the face, and multiple defense wounds on her hands.

After killing Carroll, Troy visited Kozak, again used cocaine, and left to drive around in Carroll’s car. He showed up at the home of Traci Burchette, a friend of Troy’s mother, at approximately 6:30 a.m. Troy picked up a two-by-four board in her backyard before knocking on Burchette’s door. He told her his car had broken down and pretended to call a friend. She made him coffee and, at Troy’s request, [1309]*1309leaned down to turn on her computer. Without warning he attacked from behind, breaking her knuckles and fracturing her skull. Troy bound and gagged Burchette and stole her car keys and ATM card. Troy tried to use her ATM card at a bank at 8:24 a.m. and then headed south on Interstate 75 toward Naples, Florida. Burchette managed to contact police and give a description of her car and her assailant.

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Cite This Page — Counsel Stack

Bluebook (online)
763 F.3d 1305, 2014 WL 3974561, 2014 U.S. App. LEXIS 15720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-troy-v-secretary-florida-department-of-corrections-ca11-2014.