Linda Michael v. James Crosby

430 F.3d 1310, 2005 U.S. App. LEXIS 25038, 2005 WL 3098893
CourtCourt of Appeals for the Eleventh Circuit
DecidedNovember 21, 2005
Docket04-10137
StatusPublished
Cited by36 cases

This text of 430 F.3d 1310 (Linda Michael v. James Crosby) 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
Linda Michael v. James Crosby, 430 F.3d 1310, 2005 U.S. App. LEXIS 25038, 2005 WL 3098893 (11th Cir. 2005).

Opinion

MARCUS, Circuit Judge:

Linda Michael, a Florida state prisoner serving a life term of imprisonment for second-degree murder with a firearm, appeals the district court’s denial of her petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254. 1 In her petition, Michael asserted numerous claims of ineffective assistance of counsel including, inter alia, that her trial attorney, Anthony Natale, was ineffective for both *1312 not discovering and not properly utilizing evidence that Michael suffered from Battered Spouse Syndrome (“BSS”) and Post-Traumatic Stress Disorder (“PTSD”), which would have supported her self-defense claim at trial and mitigation at sentencing. She supplemented her § 2554 petition to include a claim that the state trial court’s imposition of a life sentence was based on unconstitutional judicial fact-finding, in violation of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and its progeny.

We granted a certificate of appealability (“COA”) on the following issue: whether the state court’s determination that counsel was not ineffective for failing to provide evidence of PTSD at trial or at sentencing was contrary to, or an unreasonable application of, clearly established federal law. 2 Upon thorough review of the record and careful consideration of the parties’ briefs and oral argument, we affirm.

I.

The relevant facts are these. In 1992, Michael was indicted for first-degree murder of her ex-husband, having shot him four times and stabbed him four times, all while their two teenaged children were present in the home. The state habeas court, which conducted an evidentiary hearing on Michael’s Fla. R.Crim. P. 3.850 motion, summarized the evidence presented at trial in these terms:

The defendant and her husband divorced after approximately 18 years of marriage. The divorce was extraordinarily acrimonious. After several rounds of hearings, the husband received custody of the two children, and Michael was required to pay child support. Over a year before the homicide, she left Martin County and moved to Arkansas where her parents resided. On Mother’s Day, May 12, 1991, the defendant talked to her son. After the telephone conversation, she left Arkansas and drove to Martin County, Florida. On Tuesday, May 14, 1991, at approximately 10:00 p.m., Michael shot and stabbed her former husband, Kenneth Johnson, at his residence after he answered her doorbell ring.
*1313 The defendant’s trial testimony was that after the conversation with her son, she was upset and wanted to see her children. She drove approximately a thousand miles and arrived with the erroneous thought that it was Wednesday night, and her husband would be bowling. She went to the children’s neighborhood and looked for them. When she did not find them outside, she went to the victim’s home, and learned that her former husband was home since his vehicle was in the garage. For reasons which the defendant did not explain, she sliced two window screens before she rang the doorbell. The former husband answered the door and according to her, stabbed her in the hand. She shot him with the pistol she had taken from the glove compartment of her car. Michael and Johnston went through the house to his bedroom with the defendant shooting at Johnston. Once in the bedroom, she picked up a knife and stabbed Johnston several times. She left the State of Florida and returned to Arkansas. Ultimately, [she] surrendered to law enforcement at the Martin County Jail.
The State presented evidence that pri- or to moving to Arkansas, Michael had made statements in which she expressed a desire to kill her former husband. The State showed that the stabbing was particularly brutal, and that the former husband had been shot several times. Her two children were present in the home at the time of the murder, and testified at trial. The impact on the children was related by neighbors and law enforcement officers. A State witness, Cynthia Simmons, testified that on May 14, 1991, she was on the telephone with Kenneth Johnston at 10:30 p.m., that during the conversation she heard the doorbell ring and Johnston said, “I wonder who that could be at this hour.” Ms. Simmons told Johnston she would wait; she heard the phone being laid down, and five or six seconds later, heard rapid gunfire and Johnston screaming for help. She heard Johnston’s voice getting further away from the phone, then heard heeled shoes on a tile floor close by the phone, then heard more gunfire. She did not hear an argument.
Michael did not deny that she killed Johnston, but asserted self-defense. She proffered the testimony of Dr. Caddy, who testified at length as to her past problems with Johnston, which resulted in “learned helplessness.” The Court did not admit the testimony.

(emphasis added) (footnote omitted).

As noted by the state habeas court, at trial, counsel sought to present evidence from psychologist Dr. Glenn Caddy, who had examined Michael and concluded that, although there was insufficient evidence of physical abuse to support a BSS-based defense, there was evidence of learned helplessness, as well as evidence symptomatic of PTSD. In addition to Dr. Caddy, two other psychologists, Dr. Mary Ann Dutton and Dr. Sheldon Riñon, both opined that Michael exhibited symptoms of PTSD. Counsel ultimately sought to introduce Dr. Caddy’s diagnosis of learned helplessness, but the state trial court excluded it. The jury convicted Michael of the lesser-included offense of second-degree murder with a firearm.

The sentencing range under the state guidelines was a mandatory minimum sentence of three years’ imprisonment to a maximum sentence of twenty-two years’ imprisonment. The statutory maximum sentence was life imprisonment. See Fla. Stat. § 782.04(2) (1991) (providing that second-degree murder is “a felony of the first degree, punishable by imprisonment for a term of years not exceeding life”); *1314 Fla. Stat. § 775.087 (1991) (providing for enhancement from first-degree felony to life felony where felony involved possession or use of a firearm); § 775.082 (1991) (providing that person convicted of “a life felony committed on or after October 1, 1983, [may be punished] by a term of imprisonment for life or by a term of imprisonment not exceeding 40 years”).

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Bluebook (online)
430 F.3d 1310, 2005 U.S. App. LEXIS 25038, 2005 WL 3098893, Counsel Stack Legal Research, https://law.counselstack.com/opinion/linda-michael-v-james-crosby-ca11-2005.