Larry Eugene Mann v. Richard L. Dugger, Secretary, Florida Department of Corrections, Respondent

844 F.2d 1446, 1988 U.S. App. LEXIS 5397, 1988 WL 39115
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 21, 1988
Docket86-3182
StatusPublished
Cited by78 cases

This text of 844 F.2d 1446 (Larry Eugene Mann v. Richard L. Dugger, Secretary, Florida Department of Corrections, Respondent) 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
Larry Eugene Mann v. Richard L. Dugger, Secretary, Florida Department of Corrections, Respondent, 844 F.2d 1446, 1988 U.S. App. LEXIS 5397, 1988 WL 39115 (11th Cir. 1988).

Opinions

TJOFLAT, Circuit Judge:

I.

Petitioner, Larry Eugene Mann, is a Florida death row inmate. In 1981, petitioner was convicted of first degree murder and kidnapping.1 At the conclusion of the sentencing phase of petitioner’s trial, the jury recommended the death penalty. The trial judge followed the recommendation and entered a sentence of death.

On direct appeal, the Supreme Court of Florida affirmed the conviction but vacated the sentence and ordered a new sentencing proceeding without a jury.2 Mann v. State, 420 So.2d 578 (Fla.1982). The trial court reimposed the death penalty, and, on direct appeal from the resentencing, the supreme court affirmed. Mann v. State, 453 So.2d 784 (Fla.1984), cert. denied, 469 U.S. 1181, 105 S.Ct. 940, 83 L.Ed.2d 953 (1985). Petitioner thereafter moved the trial court to vacate the judgment and sentence pursuant to Fla.R.Crim.P. 3.850. He also petitioned the supreme court for writ of habeas corpus. The trial court denied the Rule 3.850 motion, and the supreme court affirmed, at the same time denying petitioner’s request for habeas relief. Mann v. State, 482 So.2d 1360 (Fla.1986).

Petitioner then instituted this habeas corpus action in the district court. In his petition, he attacked his conviction and sentence on several grounds. As one ground for attacking the sentence, petitioner contended that he was entitled to resentencing under Caldwell v. Mississippi, 472 U.S. 320, 105 S.Ct. 2633, 86 L.Ed.2d 231 (1985), because the prosecutor and trial judge had made comments that had likely diminished the sentencing jury’s sense of responsibility with respect to its role in the sentencing process.3 The district court de[1448]*1448nied relief on all grounds. We reverse and hold that petitioner is entitled to relief on the Caldwell claim.4 We accordingly order the district court to grant the writ setting aside petitioner’s death sentence unless the state provides petitioner a new sentencing proceeding before a newly empaneled jury.

II.

Caldwell v. Mississippi, 472 U.S. 320, 105 S.Ct. 2633, 86 L.Ed.2d 231 (1985), is best understood in the context of its facts. The case involved a challenge to a death sentence imposed pursuant to the Mississippi capital sentencing scheme. Mississippi affords capital defendants a bifurcated trial. After the jury renders a verdict of guilty, the trial court convenes a sentencing proceeding before the same jury. The jury then renders a verdict of either death or life imprisonment, and the trial court enters a sentence in accordance with the jury’s verdict. If the jury renders a verdict of death, the sentence is automatically reviewed by the Supreme Court of Mississippi. Miss.Code Ann. § 99-19-105; Jackson v. State, 337 So.2d 1242, 1255 (Miss.1976). In conducting its review, that court applies a presumption of correctness to the sentencing jury’s verdict. Caldwell v. State, 443 So.2d 806, 816 (Miss.1983) (Lee, J., dissenting). Under Mississippi law, the supreme court may overturn a death sentence in three situations only: (1) where the sentencing jury’s verdict was so arbitrary as to be “against the overwhelming weight of the evidence,” Williams v. State, 445 So.2d 798, 811 (Miss.1984), cert. denied, 469 U.S. 1117, 105 S.Ct. 803, 83 L.Ed.2d 795 (1985); (2) where the evidence of statutory aggravating circumstances, required for the imposition of the death penalty, was so lacking that a “judge should have entered a judgment of acquittal notwithstanding the verdict,” id.; or (3) where the sentence is “excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant.” Id.

In Caldwell, the petitioner, Bobby Caldwell, contended that his death sentence was invalid under the eighth amendment because the sentencing jurors had been led to believe that the responsibility for determining the sentence rested not with them but with the appellate court that would later review the case. The facts supporting the claim were as follows. In closing argument before the sentencing jury, defense counsel entreated the jurors to show mercy and remarked that “[y]ou are the judges and you will have to decide [Caldwell’s] fate. It is an awesome responsibility, I know — an awesome responsibility.” Caldwell, 472 U.S. at 324, 105 S.Ct. at 2637. The prosecutor then sought to downplay the effect of counsel's argument by telling the jurors that “your decision is not the final decision ... [y]our job is reviewable.” Id. at 325, 105 S.Ct. at 2637. Defense counsel objected to this statement, but the trial court overruled the objection, commenting that “it [is] proper that the jury realizes that it is reviewable automatically [1449]*1449as the death penalty commands.” Id., 105 S.Ct. at 2638.

The United States Supreme Court held that Caldwell’s sentence was invalid under the eighth amendment because it rested on “a determination made by a sentencer who ha[d] been led to believe that the responsibility for determining the appropriateness of the defendant’s death rest[ed] elsewhere.” Id. at 328-29, 105 S.Ct. at 2639. The Court reasoned that the eighth amendment’s need for reliability in capital sentencing required that capital sentencers “view their task as a serious one of determining whether a specific human being should die at the hands of the State.” Id. at 329, 105 S.Ct. at 2640. The jurors, having been told that their decision was “automatically reviewable,” were misled into believing that their judgment call on the evidence would be reviewed de novo. Thus, because the jury’s sense of responsibility had likely been diminished as a result of the comments by the prosecutor and the court, the sentencing decision did not meet the standard of reliability required by the eighth amendment. Id. at 341, 105 S.Ct. at 2646.

In the present case, the attorney general argues that Caldwell is inapplicable because the Florida sentencing jury, unlike the Mississippi sentencing jury, is not the actual sentencer under the state capital punishment scheme. Under the Florida statutory scheme, the jury weighs the evidence of aggravating and mitigating circumstances presented during the sentencing phase of the defendant’s trial, and then makes a recommendation of either life imprisonment or death. Fla.Stat. § 921.141(2) (1985).5 That recommendation, the attor[1450]*1450ney general asserts, is always subject to rejection by the trial judge, who must under Fla.Stat. § 921.141(3) independently weigh the aggravating and mitigating circumstances before entering a sentence. Because the trial judge plays this role in sentencing, the attorney general argues, Caldwell error does not occur when the jury is told that sentencing responsibility lies elsewhere.

At first blush, the attorney general’s argument has some appeal.

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Bluebook (online)
844 F.2d 1446, 1988 U.S. App. LEXIS 5397, 1988 WL 39115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/larry-eugene-mann-v-richard-l-dugger-secretary-florida-department-of-ca11-1988.