Keller v. Larkins

251 F.3d 408, 2001 WL 514125
CourtCourt of Appeals for the Third Circuit
DecidedMay 15, 2001
Docket00-1130
StatusUnknown
Cited by46 cases

This text of 251 F.3d 408 (Keller v. Larkins) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Keller v. Larkins, 251 F.3d 408, 2001 WL 514125 (3d Cir. 2001).

Opinion

OPINION OF THE COURT

ALITO, Circuit Judge:

Kerby Keller, a Pennsylvania prisoner serving a life sentence for the first-degree murder of his wife, appeals the denial of his federal habeas corpus petition. He argues that his federal constitutional right to due process was violated by the introduction at trial of highly prejudicial evidence having little probative value and *411 that he was denied the effective assistance of counsel because his trial attorney did not adequately prepare for or respond to testimony by the prosecution’s psychiatric expert, who stated that Keller might have suffered from a condition called “sadistic personality disorder.” We hold that Keller did not fairly present his federal due process claim to the Pennsylvania courts and that this claim is now barred by procedural default. We reject Keller’s ineffective assistance of counsel claim because he has not shown that the Pennsylvania courts’ application of the prejudice prong of the Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), standard for judging ineffective assistance of counsel claims was “unreasonable.” See 28 U.S.C. § 2254(d)(1). We therefore affirm.

I.

Keller was once a member of a motorcycle gang called the Pagans, and his wife, Barbara, was a nude dancer. When they married in 1981, Keller purportedly renounced his association with the Pagans, Barbara abandoned her career as a dancer, and the couple moved to a farm in Lancaster County, Pennsylvania. In 1989, Barbara announced that she was leaving Keller and their son and moving in with her parents in Pittsburgh. Keller subsequently learned that Barbara did not go to Pittsburgh, and he enlisted a private investigator to locate her.

On June 20, 1989, Barbara telephoned Keller and revealed that she was living with Gary Reiter, a friend who resided down the lane from the Keller farm. Later that day, when Barbara returned to the farm, Keller shot and killed her. He then telephoned Reiter and asked that he come to the farm. When Reiter arrived, Keller ran out of the house firing a rifle at Reiter’s truck. Bullets hit the truck, but Reiter was able to drive away unharmed. Keller returned to the house and telephoned friends and family members to tell them what he had done. He wrote what appeared to be a suicide note, but he did not attempt to kill himself and instead surrendered to the police.

The prosecution argued that Keller had premeditated his wife’s murder, and the prosecution attempted to prove that Keller’s motive might have been his discovery that Barbara had been providing information about the Pagans to the Federal Bureau of Investigation. The prosecution theorized that Keller lured Barbara to the house and tied her up on the second floor but that she broke free and was running away from the house when Keller shot and killed her. The prosecution introduced evidence of her work for the FBI, as well as evidence that during Keller’s telephone conversations following the shooting, he had connected the killing with pressure resulting from the FBI investigation. In addition, Keller’ suicide note stated: “Lots of stress. All the harassment. Unfounded investigation by the FBI, Crime Commission, etc.” The prosecution’s theory that Keller killed his wife because she was informing on the Pagans provided a basis for introducing evidence regarding Keller’s association with the gang and its activities. 1

The defense presented the following, different version of the events. When Barbara arrived at the farm, Keller urged her to return to him. Barbara said that she intended to resume exotic dancing and threw at Keller a stack of photos depicting her dancing. The argument became physical, and Barbara locked herself in a bed *412 room upstairs. Keller broke down the bedroom door and found that Barbara had climbed out the window and was fleeing. Keller grabbed his gun and shot and killed his wife.

At trial, Keller’s defense was based on insanity or the inability to form the intent needed for murder. The defense psychiatric expert, Dr. Abram M. Hostetter, diagnosed Keller as suffering from a major depressive disorder. Dr. Hostetter testified that in his opinion Keller satisfied all of the nine criteria for such a diagnosis listed in the third revised edition of the American Psychiatric Association’s Diagnostic and Statistical Manual of Mental Disorders (3d ed. rev. 1987) (DSM-III-R), a standard reference work that lists and describes mental disorders. Dr. Hostetter opined that Keller’s major depression had reached psychotic proportions at the time of the killing, that Keller “did not fully understand the nature and quality of his acts at that moment,” and that he had not planned to kill his wife. App. 405, 407. Other witnesses testified to Keller’s increasingly distraught behavior over his wife’s infidelity.

To rebut Dr. Hostetter, the Commonwealth called its own psychiatric expert, Dr. Kurtis Jens. Dr. Jens had not examined Keller, but based on information provided to him about Keller and his behavior during the time leading up to the killing, Dr. Jens expressed the opinion that Keller did not suffer from a major depressive order. 3/14/1990 Trial Tr. at 933-41. Dr. Jens stated that the symptoms noted by Dr. Hostetter were often exhibited for a limited period of time by people suffering from “any severe distress,” and he stated that Dr. Hostetter had not noted any psychotic symptoms. App. 433, 438. He expressed the opinion that Keller was capable of knowing right from wrong and forming a specific intent to kill. Id. at 443^14. In addition, in response to a lengthy hypothetical question posed by the Assistant District Attorney, Dr. Jens opined that Keller might suffer from either of two personality disorders, “antisocial personality disorder” or “sadistic personality disorder.” Id. at 441. Consistent with this latter possible diagnosis, the Commonwealth put on evidence of prior sadistic acts by Keller, including testimony that he had tied up and brutally beaten a woman with whom he was having an extramarital affair and testimony that he had severely beaten a man who had asked Barbara to dance in a bar.

In March 1990, Keller was convicted by a jury in the Lancaster County Court of Common Pleas of murder in the first degree and attempted murder in the first degree. He was sentenced to a term of imprisonment for life and a consecutive term of five to ten years in prison. The Superior Court of Pennsylvania affirmed the judgment, and the Supreme Court of Pennsylvania denied Keller’s petition for allowance of appeal. Keller then filed a petition under Pennsylvania’s Post Conviction Relief Act, 42 Pa. Cons.Stat. Ann. §§ 9541 et seq. (West 1998). After an evidentiary hearing, the trial judge denied Keller’s petition. The Superior Court affirmed, and the Pennsylvania Supreme Court declined review.

Keller next filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
251 F.3d 408, 2001 WL 514125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keller-v-larkins-ca3-2001.