Kira Dodson v. William Stephens, Director

611 F. App'x 168
CourtCourt of Appeals for the Fifth Circuit
DecidedMay 1, 2015
Docket14-10127
StatusUnpublished
Cited by3 cases

This text of 611 F. App'x 168 (Kira Dodson v. William Stephens, Director) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kira Dodson v. William Stephens, Director, 611 F. App'x 168 (5th Cir. 2015).

Opinion

KING, Circuit Judge: *

Petitioner-Appellant Kira Dodson was convicted by a jury of the capital murder of her 18-month old daughter, Kaylynn, and was sentenced to an automatic term of life imprisonment. Dodson now appeals the district court’s denial of her petition for a writ of habeas corpus. Dodson’s habeas petition was premised on her claim that she was denied the constitutional right of effective assistance of counsel during her state trial. For the following reasons, we AFFIRM the judgment of the district court.

I. FACTUAL AND PROCEDURAL BACKGROUND

Kaylynn Velasquez was born in October 2003. In August 2003, Dodson’s older son, Abraham, was placed in the home of Jessica Edwards, a Hunt County prosecutor and a foster parent. Abraham stayed with Edwards and her husband until May 2004, and then was returned to Dodson. On March 7, 2005, Dodson called Edwards and said she could not handle two children anymore and told Edwards that if she wanted Abraham, she would allow Edwards to adopt him. Dodson’s parental rights to Abraham were terminated based on voluntary relinquishment on March 17, 2005. On March 18, 2005, Edwards heard Dodson arguing with her mother over the telephone; Dodson told Edwards that her mother was coming to take her cell phone away because she was angry that Dodson had given Abraham to Edwards. Dodson also said she would give Kaylynn to Edwards, but she “didn’t want people thinking bad of me for giving my kids up.”

On March 24, 2005, which was about two weeks before Kaylynn’s death, Michael Erwin, Dodson’s boyfriend, awoke at 2:30 a.m. to hear Dodson screaming that there was something wrong with Kaylynn. When Erwin entered Kaylynn’s bedroom, he saw Kaylynn lying “halfway off’ the bed; she was a “ ‘bluish-purple’ ” color, and her head was facing the foot of the bed. Erwin called 911, and, following the instructions of the 911 operator, Erwin pushed on Kaylynn’s stomach. After Erwin pushed on Kaylynn’s stomach, she began to gasp and started to cry. Once the paramedics arrived, they transported Kay-lynn to the hospital, and several hours later, they returned home. Dr. Nicole Hernandez, Kaylynn’s emergency room physician on March 24, 2005, testified that she was told that Kaylynn had stopped breathing and had turned blue. Dr. Hernandez testified that Kaylynn had a runny nose, but appeared happy and playful. Dr. Hernandez ordered several tests, including a respiratory syncitial virus test, a flu test, and a chest x-ray; however, each of the tests was negative. Dr. Hernandez sent Kaylynn home with a cough medicine and an antibiotic to address her common cold *170 and ear infection. Dr. Hernandez testified that she saw no reason why Kaylynn would have died two weeks later.

Ei-win testified that on the evening before Kaylynn’s death, he, Dodson, and Kaylynn ate dinner together. Erwin further testified that Dodson put Kaylynn to bed after dinner, as was their normal routine. Shortly thereafter, Erwin and Dodson went to bed. Sometime between the hours of 7:00 and 8:00 a.m. on April 7, 2005, Erwin awoke. Dodson was lying in bed next to him getting ready to smoke a cigarette. Dodson said to Erwin, “something don’t feel right.” Dodson went to check on Kaylynn, after which, Erwin heard screaming. Erwin went to see what was wrong, and found Dodson holding Kaylynn in a blanket. Dodson called 911 and spoke to the operator. Paramedics arrived and declared that Kaylynn was dead. Erwin testified that Kaylynn was a normal, healthy, and happy baby the day before she died.

On cross-examination, Dodson’s trial counsel, Paul Johnson, and Erwin engaged in the following exchange:

Q. I know you didn’t want to see Kira in trouble, sir, but I bet it would be a fair statement to say that you dern [sic] sure didn’t want yourself in trouble.
A. I wasn’t going to be in trouble, anyway. I hadn’t done anything wrong. Q. But the police are telling you that there’s evidence that somebody did something wrong, isn’t there?
A. Yeah, I even volunteered to take a lie detecter [sic] test right then and there. We can take one now.

Later, Johnson asked Erwin whether Sergeant Rich ever asked him anything “that might have made you think that he might have thought that you could possibly be involved?” Erwin replied, “[h]e asked me if I was willing to take a lie detector test or anything, if it was possible, and I told him, yeah, we could take it right then.” Johnson did not object to either of Erwin’s references to a lie detector test during the cross-examination.

Dr. Larry Pettit, the doctor who saw Kaylynn the day she died, also testified at Dodson’s trial. He testified that Kaylynn was deceased when she arrived at the hospital on April 7, 2005, having been dead for a minimum of three hours. Dr. Pettit did not see any obvious signs of external trauma. Dr. Pettit further testified that because Kaylynn was 18-months old at the time of her death, she did not die from sudden infant death syndrome (“SIDS”).

After Kaylynn died, Dodson told Edwards that the police were “mean” to her and were “trying to pin this on me.” Dodson also asked Edwards what the police looked for “in autopsies on babies that die of SIDS?” Dodson further asked “what the difference was between the autopsies of a baby who suffocated and one who died of SIDS.”

On the morning of Kaylynn’s death, Detective Kimberly Mayfield and Sergeant Fred Rich, Mayfield’s supervisor, went to the hospital to investigate Kaylynn’s death. Erwin told Mayfield that two weeks before Kaylynn’s death, Kaylynn had stopped breathing. Mayfield also talked with the responding officer, an emergency room physician, and Dodson. Dodson never mentioned that two weeks earlier, Kaylynn had been transported to the hospital after she had stopped breathing. On April 21, 2005, Mayfield met Dodson and Erwin at police headquarters for them to write out affidavits, which were routinely requested in child death cases. Because Kaylynn had stopped breathing two weeks before she died, Mayfield and Rich were suspicious that someone might have smothered Kaylynn. Mayfield interviewed Dodson in a room separate from where Rich inter *171 viewed Erwin. After Dodson made corrections to her initial statement and signed it; she went to the waiting area. While there, she called Erwin, who was still writing his statement, and asked where he was and what was taking him so long. Once Erwin finished his statement, Rich took Dodson into an interview room.

Mayfield,, who observed Rich talk with Dodson, testified that she did not see Rich threaten, yell at, or accuse Dodson of murdering Kaylynn. Mayfield saw Rich leave the room and when Rich returned to the room, Dodson said she trusted him and wanted to tell him something, but she did not want Erwin to know. Dodson told Rich that she wanted Erwin to leave first and that after Erwin left, she would tell Rich something. Rich left the room again and then returned and gave Dodson a Miranda warning. Dodson then wrote a voluntary statement.

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Bluebook (online)
611 F. App'x 168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kira-dodson-v-william-stephens-director-ca5-2015.