Lisa Chamberlin v. Marshall Fisher, Commissioner

855 F.3d 657, 2017 WL 1506408, 2017 U.S. App. LEXIS 7505
CourtCourt of Appeals for the Fifth Circuit
DecidedApril 27, 2017
Docket15-70012
StatusPublished
Cited by5 cases

This text of 855 F.3d 657 (Lisa Chamberlin v. Marshall Fisher, Commissioner) 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
Lisa Chamberlin v. Marshall Fisher, Commissioner, 855 F.3d 657, 2017 WL 1506408, 2017 U.S. App. LEXIS 7505 (5th Cir. 2017).

Opinions

GREGG COSTA, Circuit Judge:

A Mississippi jury convicted Lisa Jo Chamberlin of two counts of capital murder and sentenced her to death. The district court granted Chamberlin’s petition for writ of habeas corpus on the ground that the state court erred in finding that there was no racial exclusion of jurors at her trial. We affirm.

I.

Even by the standards of capital cases, the double murder in this case was gruesome. It occurred in Hattiesburg, Mississippi, where Chamberlin and her then boyfriend, Roger Gillett, had recently moved in with Gillett’s cousin, Vernon Hulett, and Hulett’s girlfriend, Linda Heintzelman. After an argument, Hulett and Heintzelman told Chamberlin and Gillett to move out. Unwilling to leave, Gillett began beating Hulett and Heintzelman and demanded that Hulett tell him the combination to a safe in Hulett’s bedroom. Although Hulett eventually disclosed a combination, no one was able to open the safe. In an escalating rage, Gillett continued to physically assault Hulett, and he and Chamberlin physically and sexually assaulted Heintzelman.

Eventually, Chamberlin told Gillett they should murder Hulett and Heintzelman and flee. Gillett struck Hulett in the head with a hammer and slashed his throat. Chamberlin attempted to strangle Heint-zelman but was not strong enough to suffocate her, so Gillett stabbed Heintzelman. Chamberlin and Gillett left the home to dispose of the knife and hammer. When they returned, Heintzelman was lying on the floor, still breathing. After leaving her there for most of the day, the couple finally decided to suffocate her. They bound her hands with duct tape and put plastic bags over her head until she stopped breathing.

The couple put both bodies in Hulett’s freezer, and, taking with them the freezer and all the evidence they could collect, they left Mississippi. They ended up in Kansas, where Gillett had family. Almost immediately, Kansas authorities took them into custody on drug charges and obtained a search warrant for a farm where authorities suspected the couple was manufacturing crystal meth. During the search, sher[660]*660iffs deputies found the bodies in the freezer.

Back in Mississippi, Gillett and Cham-berlin were tried separately. Both trials resulted in death sentences, though Gil-lett’s sentence was vacated on state post-conviction review.

II.

Even for the most horrific of crimes with the most culpable of defendants, there are certain trial errors that are deemed structural and require automatic reversal. Sullivan v. Louisiana, 508 U.S. 275, 281, 113 S.Ct. 2078, 124 L.Ed.2d 182 (1993). The ground on which the district court granted Chamberlin relief, exclusion of jurors on racial grounds, is one example. “Discrimination in jury selection ... causes harms to the litigants, the community, and the individual jurors who are wrongfully excluded from participation in the judicial process.” J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127, 140, 114 S.Ct. 1419, 128 L.Ed.2d 89 (1994). Going all the way back to one of its first cases finding a violation of the Equal Protection Clause (Strauder v. West Virginia, 100 U.S. 303, 312, 10 Otto 303, 25 L.Ed. 664 (1880)), the Supreme Court thus “has followed an automatic reversal rule once a violation of equal protection in the selection of jurors has been proven.” Winston v. Boatwright, 649 F.3d 618, 627 (7th Cir. 2011); see also Scott v. Hubert, 610 Fed.Appx. 433, 434 (5th Cir. 2015) (“[Discrimination on the basis of race in the selection of ... jurors is a form of structural error that voids a conviction.”).1 And because such error “casts doubt on the integrity of the judicial process and places the fairness of a criminal proceeding in doubt,” a defendant may challenge the exclusion of jurors of a different race. Powers v. Ohio, 499 U.S. 400, 406-11, 111 S.Ct. 1364, 113 L.Ed.2d 411 (1991) (internal citations omitted).

Chamberlin, a white defendant, invokes that rule to challenge the exclusion of black jurors. After the trial judge narrowed an initial pool of several hundred prospective jurors to 42 qualified jurors, 31% of whom were black, both sides exercised peremptory strikes. The prosecutor first went through the list of qualified prospective jurors in order, striking and accepting jurors as he went, until the State proffered a prospective jury of twelve. The defense then had an opportunity to strike or accept the proffered jurors.

The prosecutor struck two of the first three black jurors and accepted eleven of the first twelve white jurors, proffering an initial proposed jury of eleven white jurors and one black juror. After defense counsel struck several of those jurors, the State continued in the same manner, striking the next five black jurors (including Thomas Sturgis and David Minor who will become important), before accepting two black jurors. Even this low number is more than the State planned to accept. The prosecutor believed the second black juror had been struck for cause prior to the peremptory phase.

Ultimately, the prosecutor used eight of his thirteen strikes,2 or 62%, against black [661]*661jurors. Ten white jurors and two black jurors sat on the jury; both alternates were white.

Chamberlin objected to the strikes, arguing they constituted a prima facie case of discrimination under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), which established a framework for determining if peremptory strikes are racially motivated. Applying Batson, the court asked the prosecutor if he had race-neutral reasons for the strikes. For the jurors relevant to this appeal, Sturgis and Minor, the prosecutor pointed to their answers to three questions on written questionnaires the jurors had completed before trial. The prosecutor claimed he struck them because of the answers they checked in response to questions 30, 34, and 35, in which both stated: (1) they were “not sure” if they were emotionally capable of announcing a verdict of death; (2) they were “not sure,” because it was a capital case, if they would hold the State to a higher burden of proof than the law requires; and (3) “yes,” because the defendant faced the death penalty, they would want to be one hundred percent certain before finding the defendant guilty.3

The trial court accepted these race-neutral reasons. Defense counsel responded by noting that Sturgis generally favored the death penalty and that Minor had no opinion on the death penalty, and, like other jurors the prosecutor had accepted, Minor had a relative in law enforcement. Based on “the totality of their questionnaire[s],” defense counsel argued, “it appears that they could be absolutely open- and fair-minded jurors on the question of the death penalty.” Defense counsel also pointed out that the State had not sought to question Sturgis or Minor individually to follow up on their questionnaires. Without commenting on the defense’s arguments, the trial court rejected the Batson claim.

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Cite This Page — Counsel Stack

Bluebook (online)
855 F.3d 657, 2017 WL 1506408, 2017 U.S. App. LEXIS 7505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lisa-chamberlin-v-marshall-fisher-commissioner-ca5-2017.