McWilliams v. Commissioner, Alabama Department of Corrections

634 F. App'x 698
CourtCourt of Appeals for the Eleventh Circuit
DecidedDecember 16, 2015
Docket13-13906
StatusUnpublished
Cited by6 cases

This text of 634 F. App'x 698 (McWilliams v. Commissioner, Alabama Department of Corrections) 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
McWilliams v. Commissioner, Alabama Department of Corrections, 634 F. App'x 698 (11th Cir. 2015).

Opinions

PER CURIAM:

James Edmund McWilliams, Jr., an inmate on Alabama’s death row, appeals the district court’s denial of his 28 U.S.C. § 2254 habeas petition challenging his death sentence.

We granted McWilliams a Certificate of Appealability (COA) on four issues: (1) whether the district court erred in holding the state court was not objectively unreasonable in determining McWilliams failed to show a violation of Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985); (2) whether McWilliams is procedurally barred from arguing the trial court violated his Sixth Amendment rights by denying him a continuance for his sentencing hearing; (3) whether the district court erred in finding the state court was not objectively unreasonable in ruling McWil-liams received effective assistance of counsel (luring the penalty phase of his trial and sentencing; and (4) whether the dis[700]*700trict court erred in determining the state court was not objectively unreasonable in holding McWilliams’s rights under Griffin v. California, 380 U.S. 609, 85 S.Ct. 1229, 14 L.Ed.2d 106 (1965) were not violated.

We hold that the state court did not commit reversible error under 28 U.S.C. § -2254(d) in denying McWilliams’s Alee claim, his claim of ineffective assistance of counsel during the penalty phase of trial and sentencing, and his Griffin claim. We also hold that McWilliams is procedurally barred from arguing the trial court violated his Sixth Amendment rights in denying his motion for continuance. Accordingly, we affirm.

I. BACKGROUND

On December 30, 1984, McWilliams entered a convenience store in Tuscaloosa, Alabama, where Patricia Reynolds was working the nightshift by herself. McWil-liams locked the doors behind him and proceeded to rob and brutally rape Ms. Reynolds. When he was finished, he shot her with a .38 caliber handgun. Ms. Reynolds died in surgery that night.

McWilliams was arrested driving a stolen car in Ohio with the murder weapon in his possession soon afterwards. He was identified by eyewitnesses who placed him at the scene. While in jail in Ohio, McWil-liams bragged to other inmates that he robbed, raped, and killed a woman in Alabama.

In the months leading up to the murder, McWilliams was voluntarily attending mental health counseling in the form of couple’s therapy with his pregnant wife at the office of Dr. Sherril Rhodes.1 After meeting with McWilliams, Dr. Rhodes documented in a report that “there are deeper psychological problems that [McWilliams] is avoiding and hopefully the testing will reveal this.” She also suspected the presence of “psychosis, or possibly manic-depressive disorder.” Dr. Rhodes then set up an appointment for McWilliams to undergo psychological testing with Dr. Marci K. Davis,2 a clinical psychologist, on October 15,1984.

Dr. Davis administered the Minnesota Multiphasic Personality Inventory (MMPI) to McWilliams and concluded that McWil-liams’s MMPI test scores “on the surface indicate that the results are invalid due to faking bad.” However, on closer examination, she then determined that “[McWil-liams] did tell the truth and took the test in good faith ... [consequently, we may assume that he is extremely disturbed, has much internal anxiety, 'and we would expect to find serious pathology.” Dr. Davis also recommended McWilliams be admitted to an inpatient treatment facility, evaluated by a psychiatrist for medication, and carefully monitored by counselors. Dr. Davis ended the report by warning other counselors not to meet with McWilliams alone after dark. Nonetheless, McWil-liams did not return to counseling before murdering Ms. Reynolds two and a half months later.

A. The Lunacy Commission

McWilliams’s mental health has been frequently contested and repeatedly examined throughout the long history of his case, but the central cause for most of the speculation stems from McWilliams’s tendency to malinger, or fake symptoms of his alleged mental illness.

McWilliams’s counsel began investigating McWilliams’s mental health less than a [701]*701month after he was arrested for murdering Ms. Reynolds. On January 21, 1986, counsel petitioned the Circuit Court of Tuscaloosa County to provide a psychiatric assessment of McWilliams, including an evaluation of his sanity, his competency, and any mitigating circumstances.3 The court granted the petition and ordered the State of Alabama (State) to create a “Lunacy Commission” to evaluate McWil-liams’s mental health at the Taylor Hardin Secure Medical Facility (Taylor Hardin). The Lunacy Commission reported directly to the court.

On June 4, 1986, the Lunacy. Commission presented the court with a three-and-a-half-page report summarizing the conclusions of three doctors serving on the Commission.4 All three doctors concluded McWilliams was competent to stand trial, free of mental illness at the time of the crime, and faking psychotic symptoms.

B. Trial and Penalty Phase

On August 27, 1986, the jury found McWilliams guilty of murder during robbery in the first degree and murder during rape in the first degree. The penalty phase took place the following day. Counsel’s strategy during the penalty phase was to present McWilliams as a man who grew up with significant psychological problems that affected his behavior. Although counsel subpoenaed Dr. Rhodes to testify during the penalty phase, Dr. Rhodes did not respond to the subpoena. Ultimately, only McWilliams and his mother testified for the defense. McWilliams and his mother testified that McWilliams had head injuries as a child and a history of blacking out, hallucinating, chronic headaches, doctor visits, and memory problems. Prior to this testimony, counsel was unaware of these injuries and conditions.

McWilliams was permitted to read Dr. Davis’s report and her MMPI test results into the record and explain his mental health issues to the jury. The court also admitted Dr. Davis’s report into evidence. However, McWilliams was unable to explain any technical aspects of the report, and when cross-examined, he told the prosecutor that he was not a psychologist. The State then presented two mental health experts from the Lunacy Commission, who each testified that McWilliams was faking psychotic symptoms and was not mentally ill. The jury voted 10 to 2 in favor of the death sentence.

C. Sentencing Hearing

On September 3, 1986, counsel filed a motion requesting that McWilliams undergo neuropsychological testing for possible organic brain damage, based on the information revealed during the penalty phase about his head injuries. The court granted the request, ordering the Alabama Department of Corrections (DOC) to perform complete neurological and neuropsychological testing on McWilliams, The court further instructed the DOC to send all results and evaluations to the court no later than September 25,1986.

On September 22,1986, Dr.

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Bluebook (online)
634 F. App'x 698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcwilliams-v-commissioner-alabama-department-of-corrections-ca11-2015.