Joshua Daniel Bishop v. Warden, GDCP

726 F.3d 1243, 2013 WL 4020264, 2013 U.S. App. LEXIS 16429
CourtCourt of Appeals for the Eleventh Circuit
DecidedAugust 8, 2013
Docket10-15442
StatusPublished
Cited by181 cases

This text of 726 F.3d 1243 (Joshua Daniel Bishop v. Warden, GDCP) 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
Joshua Daniel Bishop v. Warden, GDCP, 726 F.3d 1243, 2013 WL 4020264, 2013 U.S. App. LEXIS 16429 (11th Cir. 2013).

Opinion

MARCUS, Circuit Judge:

Petitioner Joshua Daniel Bishop was convicted in 1996 of malice murder and armed robbery, and sentenced to death. He appeals from the district court’s denial of habeas relief, raising two categories of claims: (1) three instances of ineffectiveness of trial counsel, see Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); and (2) a violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). After thorough review, we conclude that Bishop is not entitled to relief on any of these claims, and accordingly affirm.

I.

A.

The basic facts surrounding the murder were set forth by the Georgia Supreme Court on direct appeal:

*1248 [Leverett] Morrison drove Bishop and Bishop’s co-indictee, Mark Braxley, to a bar. Bishop and Braxley decided to steal Morrison’s car. The three left the bar around 11:00 p.m. and drove to Braxley’s trailer. Bishop reached into the sleeping Morrison’s pocket for the car keys, but Morrison awoke and sat up. Bishop began to beat Morrison about the head and face with a blunt object. When Morrison was unconscious, Bishop took the car keys. Eventually realizing that Morrison was dead, Bishop and Braxley wrapped and then loaded the body into the back seat of Morrison’s car. They drove to a dumpster which was located a short distance from Braxley’s trailer. After unsuccessfully attempting to toss Morrison’s body into the dumpster, Bishop and Braxley left the body on the ground where it was discovered several hours later. They drove Morrison’s car into the nearby woods, set it on fire, and then walked back to Braxley’s trailer to dispose of evidence of their crimes. After his arrest, Bishop made a statement in which he admitted delivering the blows with a wooden rod until Morrison stopped breathing, and described how he and Braxley disposed of the body and burned the car. Bishop subsequently confessed that, some two weeks prior to the murder of Morrison, he participated in the murder of Ricky Lee Wills and that he buried Wills’ body in the woods near Braxley’s trailer. After investigators recovered Wills’ body, a grand jury indicted Bishop and Braxley for that murder as well. The trial court admitted evidence regarding Bishop’s participation in Wills’ murder in aggravation of punishment during the penalty phase of this trial for Morrison’s murder.

Bishop v. State, 268 Ga. 286, 486 S.E.2d 887, 891 (1997).

Although both Bishop and Braxley initially denied any involvement in the murder of Morrison, Bishop later confessed in a statement given to Detective Ricky Horn. In his statement, which was audio-taped and played by the State for the jury, Bishop explained at considerable length the events culminating in the beating and murder of Morrison on the night of June 24, 1994. Bishop, Braxley, and Morrison had been drinking through the afternoon and had smoked crack later that evening. That night, Braxley suggested that Bishop take the keys to Morrison’s Jeep; Morrison was lying in bed at the time. According to Bishop, when he reached into Morrison’s pocket, Morrison “popped [him] and asked [him] what [he] was doing.” Bishop then hit Morrison with a wooden stick that “was like a closet rod.” In Bishop’s words, he used “[o]ne of them big heavy closet rods.” Bishop explained, “I hit him too hard, I reckon, and he didn’t say anything. He just wouldn’t breathe.” At one point in his statement Bishop said that he hit Morrison on the backside of his head “about twice” and Braxley hit him “about three times,” but later, Bishop claimed, “I hit [Morrison] like three times in the head with that stick, just to see the first time if I could knock him out where I could get his keys. But he wouldn’t knock out. I hit him one more time and finally, he looked like he was knocked out.”

According to Bishop, he then exited the room, but left the key to Morrison’s Jeep on a coffee table. Bishop added that, while he was outside the room, he “heard something loud.” He elaborated: “When I went back in there after I left the key on the coffee table, I walked back there and saw that [Morrison] was dead. I saw we were messing up pretty bad. He wasn’t breathing. I checked him out and he wasn’t breathing. He was dead.” Bishop explained that he and Braxley then wrapped Morrison in a comforter and placed his body in the back seat of the Jeep, and that they tried unsuccessfully to *1249 put Morrison’s body in a dumpster but ended up leaving the body between two dumpsters. At Braxley’s suggestion, Bishop took the Jeep to a nearby pond, poured gasoline all over it, and lit it on fire, destroying all but the frame of the vehicle.

Finally, Dr. James Dawson testified regarding Morrison’s injuries and cause of death. He determined that Morrison died in the early morning hours of June 25, 1994, as a result of inner cranial bleeding, with contributing factors of a cerebral contusion and aspiration of blood, all caused by blunt force trauma to the head. Dr. Dawson confirmed that Morrison was beaten to death. Several of Morrison’s seven significant head wounds appeared to have been caused by a cylindrical, circular, or tubular object, while other wounds appeared to have been caused by a fiat object. Dr. Dawson could not state the order in which the seven injuries took place, nor could he state whether the first blow, the seventh blow, any of the blows in between, or any combination of the blows caused the cerebral contusion (bruising of the brain) or the hemorrhage resulting in inner cranial bleeding and ultimately death; finally, the medical examiner confirmed that all seven injuries occurred while Morrison was alive.

B.

On February 8, 1996, a Georgia jury found Bishop guilty of malice murder and armed robbery. The trial then proceeded to the penalty phase. The State’s presentation largely detailed Bishop’s involvement in the murder of another individual, Ricky Willis, 1 a short time before Bishop killed Morrison. The jury heard from a jailhouse informant, Seth Hatchett, that Bishop told him Bishop had killed Willis by beating Willis in the head and cutting his throat. The State also presented Joel Jason Arnett, who recalled that Bishop threatened Arnett at a local bar, the Hilltop Grill, on the night of June 18, 1994. Bishop told him, “I’ve already got one mother fucker buried down there and I’ll put you down there,” “down there” referring to the ground near Braxley’s trailer. Arnett’s testimony was thoroughly impeached, however, by the testimony of Delores Forshaw, who was at the Hilltop Grill on the night of the alleged threats; she claimed to have seen a fight between Braxley — not Bishop — and Arnett, during which Braxley beat Arnett with a stick. In addition, Chief Deputy Sheriff Howard Sills testified that Bishop was in jail for a nine-day period that included the night of the alleged threats.

The State also presented a tape recording of a portion of Bishop’s interview with law enforcement concerning the death of Willis. Bishop explained that two to four weeks before the murder, his mother had been staying with Willis. His mother told him that Willis had sexually assaulted her.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
726 F.3d 1243, 2013 WL 4020264, 2013 U.S. App. LEXIS 16429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joshua-daniel-bishop-v-warden-gdcp-ca11-2013.