Johnson v. Harkleroad

104 F. App'x 858
CourtCourt of Appeals for the Fourth Circuit
DecidedJuly 19, 2004
Docket03-6620
StatusUnpublished
Cited by7 cases

This text of 104 F. App'x 858 (Johnson v. Harkleroad) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Harkleroad, 104 F. App'x 858 (4th Cir. 2004).

Opinion

OPINION

GREGORY, Circuit Judge.

Petitioner Wayne Thomas Johnson (“Johnson” or “Petitioner”), a North Carolina inmate, seeks federal habeas relief, contending that his conviction and sentence were unconstitutionally imposed in violation of the Fifth Amendment. Specifically, Petitioner contends that the police obtained his confession in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), and its progeny by failing to give the requisite warnings before he verbally made inculpatory statements. After unsuccessful state post-conviction relief proceedings, Petitioner filed his petition for habeas relief in the United States District Court for the Middle District of North Carolina. The district court denied the petition, and we granted a certificate of appealability to determine whether Petitioner’s confession was coerced or obtained in violation of Miranda. Having now considered Petitioner’s claim on the merits, we affirm the judgment of the district court denying ha-beas relief. We conclude that the decision of the North Carolina Court of Appeals was not contrary to, nor was it an unreasonable application of, clearly established federal law.

I.

The facts found by the state trial court and adopted by the North Carolina Court of Appeals as well as the federal district court, are as follows:

On October 31, 1999 at 4:47 a.m., Detective R.M. Fuquay, of the Burlington Police Department, was dispatched to a crime scene after the body of Harold Keith Booker (hereinafter “the deceased”) was discovered near the intersection of Sidney and Queen Anne Streets in Burlington, North Carolina. Reports later confirmed that the deceased died from head and spinal cord injuries caused by a great deal of force from a very heavy object such as a bat or a shovel.

Another detective, Sergeant Tye Fowler, interviewed Vicki Sims, who had accompanied the deceased and an “older white male” in a taxi from a bar the night the deceased was murdered. She gave a description of the older man to the police and a composite sketch was drawn. Officer Avery Irby reported that a man fitting the description given by Sims had previously flagged him down not far from the crime scene, stating that he was suffering from an apparent heart attack. Officer Irby took the man, who was later identified as Johnson, to the Alamance Regional Medical Center. After discharging Johnson later that same day, the medical center sent him to Wesley Hall, a residential treatment facility for substance abuse. Two detectives went to Wesley Hall to ask if Johnson would ride with them to the Burlington Police Department for questioning.

*860 Having agreed to accompany the officers, Johnson arrived at the police department between 9:25 p.m. and 9:30 p.m. on October 31, 1999. Prior to being interviewed, according to the testimony of Detective Fuquay, Johnson was informed that he was not under arrest and that he was “free to leave at any time.” According to Detective Fuquay, Johnson explained during questioning that he did not know the deceased or anything about his death and that he had not been to any bars on the night in question.

At some point during his interactions with police, Johnson voluntarily accompanied the officers on a car trip to the City Park, the location where defendant said he had slept upon arriving in town the night before. Detective Fuquay drove an unmarked vehicle to the site as Johnson rode alongside him, unrestrained by handcuffs or other devices, in the front passenger seat while Sergeant Fowler sat in the back taking notes. Johnson first directed the officers to the underpass of I-40/I-85, explaining that he sat and drank wine at that location once he arrived in town. Johnson then pointed to B & J’s Lounge where he admitted to the detectives, for the first time, that he met the deceased. After taking this ride, Johnson and the detectives returned to the Burlington Police Department.

During the early hours of November 1, 1999, Johnson indicated that he needed his glasses and medication, which were located at the treatment center. Consequently, two detectives transported Johnson to Wesley Hall so that he could retrieve those items. On the way to Wesley Hall, Johnson voluntarily made the following statements to the detectives: that he and the deceased were in an altercation; that he was afraid for his life and was only defending himself; that “he didn’t want a charge”; that “he did not want to be charged with anything more than he had to be”; and that “he didn’t mean to do it.” Johnson was thereafter read Miranda warnings at which time he provided the officers with a written statement.

Johnson was indicted on November 8, 1999 for second-degree murder in violation of N.C. Gen.Stat. § 14-17 (1999). On May 9, 2000, Johnson filed a motion to suppress the inculpatory statements he made to the detectives. At the conclusion of a two-day voir dire hearing, the trial court denied Johnson’s suppression motion. On May 18, 2000, a jury convicted Johnson of voluntary manslaughter. Johnson was thereafter sentenced to 146-185 months imprisonment. The North Carolina Court of Appeals affirmed the conviction. Johnson filed a petition for discretionary review in the Supreme Court of North Carolina which was denied. Petitioner then filed a motion for appropriate relief in the Superior Court of Alamance County, which was summarily denied. Johnson filed the current petition for federal habe-as review on May 21, 2002. On March 19, 2003, the district court denied Petitioner’s habeas claims. We granted a certificate of appealability (“COA”) to determine whether Johnson’s confession was obtained in violation of the due process clause of the Fifth and Fourteenth Amendments and the privilege against self-incrimination as declared in Miranda and its progeny.

II.

We review de novo the district court’s denial of habeas relief based on a state court record. Bell v. Ozmint, 332 F.3d 229, 233 (4th Cir.2003). Where a state court resolved the merits of a claim for post-conviction relief, federal habeas relief is not available unless the state court’s decision was “contrary to, or involved an unreasonable application of, clearly estab *861 lished Federal law, as determined by the Supreme Court of the United States,” 28 U.S.C. § 2254(d)(1) (2003), or was “based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding,” id. § 2254(d)(2).

The Supreme Court has interpreted 28 U.S.C. § 2254(d)(1) as giving independent meaning to both the “contrary to” and “unreasonable application” clauses. Williams v. Taylor, 529 U.S. 362, 404-05, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000).

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104 F. App'x 858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-harkleroad-ca4-2004.