Maurice Tyler v. Gayle Ray

610 F. App'x 445
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 27, 2015
Docket14-5831
StatusUnpublished
Cited by1 cases

This text of 610 F. App'x 445 (Maurice Tyler v. Gayle Ray) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maurice Tyler v. Gayle Ray, 610 F. App'x 445 (6th Cir. 2015).

Opinions

SILER, Circuit Judge.

Representatives of the State of Tennessee (“the warden”) appeal a district court’s decision to grant habeas relief to a prisoner on the basis of ineffective assistance of trial counsel. A jury convicted Maurice Tyler of the premeditated murder of two people at a Nashville nightclub in 2002, even though his accomplice, who had previously pleaded guilty to being the getaway driver, testified at trial that he was the shooter and that Tyler was not involved. In his habeas petition, Tyler argued that his trial counsel was ineffective for failing to call one of the getaway driver’s attorneys as a witness to bolster the getaway driver’s confession. The district court agreed and granted the writ. On appeal, the warden argues that the district court erred in finding that (1) Tyler’s claim was not barred by the statute of limitations and (2) the Tennessee Court of Criminal Appeals acted unreasonably when it denied Tyler’s post-conviction petition. Because the Tennessee courts’ resolution of Tyler’s Sixth Amendment claim was not unreasonable, we VACATE the writ of habeas corpus and REMAND the case to the district court.

I.

Tyler and Christopher Schultz were close friends. They were both living, in Tyler’s mother’s house when they were victims of a home invasion. Tyler is African-American and Schultz is Caucasian.

One of the people who robbed Tyler’s house was Monty Campbell. Tyler testified against Campbell at Campbell’s preliminary hearing. An officer would later testify he overheard Tyler muttering to himself after the hearing that he would kill Campbell when Campbell got out of jail. In August 2002, several years later, Campbell was released on parole.

Before dawn on November 25, 2002, Tyler and Schultz were at the Outer Limits night club in Nashville, Tennessee. Campbell was there, too. As Campbell and his girlfriend Cayra Carruth got into a car to leave the club, they were shot. A club employee, Jared Johnson, watched it happen. The gunman reloaded twice, firing a total of twenty-eight bullets into the car, killing both occupants.

After the gunman left in a dark-colored Saturn, Johnson gave chase for several miles in his own car. During the pursuit, Johnson spoke to a 911 operator and filmed the fleeing Saturn with a video camera. Police obtained the video and interviewed other witnesses at the scene. Although the witnesses’ descriptions of the [447]*447gunman were not entirely consistent — including their opinions on whether the gunman was white, black, or Hispanic— Schultz and Tyler soon became suspects. A key piece of evidence was that the Saturn was registered to Tyler’s mother and belonged to Schultz.

Schultz initially told police he was not the shooter. But he soon changed his story and began telling investigators and his attorneys that he was the trigger man. He insisted that his friend Earl Shannon, who was deceased by that time, was the getaway driver, and that Tyler was not involved at all.

Schultz pleaded guilty about two weeks before Tyler’s trial. At the plea colloquy, Schultz, under oath, agreed with the government’s theory that he was the getaway driver and Tyler was the shooter.

Tyler’s trial strategy was to convince the jury that Schultz’s version of events was true. Schultz testified at Tyler’s trial that he shot Campbell and Carruth, and that Tyler was not involved. On cross examination, Schultz admitted that he first told police he was the driver, and that, in pleading guilty, he admitted under oath to the government’s theory of events. Nevertheless, he insisted that he lied in his first statements to police and that he felt he had to agree to the government’s version of events at his plea hearing.

To bolster Schultz’s credibility, Tyler’s counsel played to the jury a videotape of Schultz’s earlier confession to police that he was the killer. Tyler’s counsel would later testify that he believed Schultz’s testimony and videotaped confession were “pretty moving” and “pretty convincing,” and that he was surprised when the jury convicted Tyler of two counts of premeditated murder and one count of felony murder. Tyler was sentenced to life without the possibility of parole. The Tennessee Court of Criminal Appeals upheld his convictions. State v. Tyler, No. M2005-00500-CCA-R3-CD, 2006 WL 264631 (Tenn.Crim.App. Feb. 1, 2006), appeal denied (Tenn. June 26, 2006).

Tyler then petitioned for state post-conviction relief. Among his grounds for relief, he faulted his trial counsel for failing to call Schultz’s attorneys and other witnesses who had heard Schultz confess that he was the shooter. Jonathan Wing represented Schultz during his guilty plea. At the post-conviction hearing, Wing

testified that Schultz never wavered from his insistence that he was the shooter and that [Tyler] was not involved in the murders. However, Wing stated that he was more inclined to believe the State’s theory of the case than the version of events expounded by Schultz, noting that the proof was not consistent with Schultz’s claims.

Tyler v. State, No. M2008-02199-CCA-R3-PC, 2010 WL 2025459, at *2 (Tenn. CrimApp. May 21, 2010), appeal denied (Tenn. Aug. 26, 2010). The post-conviction court denied Tyler’s petition, and the Tennessee Court of Criminal Appeals affirmed. Id. at *8. Regarding the question of whether Tyler’s trial counsel was ineffective under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), for failing to call corroborating witnesses, including Wing, to testify, the appellate court explained:

The post-conviction court noted that Schultz’s credibility was a major issue at trial and that his credibility was “severely damaged by the self-serving facts adopted into his plea testimony and by his statements to police — all suggesting that he was not the shooter.” The court found that introducing evidence of prior consistent statements would not have negated the presence of the inconsistent statements. Therefore, the court found [448]*448that [Tyler] was not prejudiced by counsel’s failure to call witnesses to testify regarding Schultz’s prior consistent statements. The record does not preponderate against this finding.

Tyler, 2010 WL 2025459, at *7.

Tyler then petitioned for a federal writ of habeas corpus under 28 U.S.C. § 2254. Tyler’s amended petition asserted nine grounds for relief, including the theory that trial counsel was ineffective for failing to call witnesses to bolster Schultz’s confessions. The district court noted that (1) the federal habeas limitations period expired on December 3, 2010; (2) Tyler placed his petition in the prison mail room on December 9, 2010; and (3) Tyler amended his petition on April 25, 2013. The district court determined that all but two claims were time-barred. Regarding the claim related to Wing, the district court concluded that Tyler “made a sufficient showing of actual innocence to overcome his six-day delay.” Tyler v. Steward, No. 3:10-1187, 2014 WL 3644072, at *3 (M.D.Tenn. July 21, 2014).

Ultimately, the district court granted the writ solely on the claim that trial counsel failed to call Wing as a witness. Id. at *23. The court reasoned:

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610 F. App'x 445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maurice-tyler-v-gayle-ray-ca6-2015.