Michael Eugene Blackwell v. Leonard Graves, Warden, Iowa State Penitentiary

349 F.3d 529
CourtCourt of Appeals for the Eighth Circuit
DecidedDecember 16, 2003
Docket02-2091
StatusPublished
Cited by2 cases

This text of 349 F.3d 529 (Michael Eugene Blackwell v. Leonard Graves, Warden, Iowa State Penitentiary) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michael Eugene Blackwell v. Leonard Graves, Warden, Iowa State Penitentiary, 349 F.3d 529 (8th Cir. 2003).

Opinion

SMITH, Circuit Judge.

Michael Eugene Blackwell was found guilty in Iowa state court of two counts of murder and one count of burglary. After exhausting his direct and collateral appeals in Iowa state courts, Blackwell filed a petition for a writ of habeas corpus in the United States District Court for the Southern District of Iowa. In his petition, Blackwell argued that the Iowa Court of Appeals’ rejection of his ineffective assistance of counsel claim was an unreasonable application of clearly established federal law. The district court 2 disagreed and denied his writ. We affirm.

I.

On January 29, 1991, Blackwell brutally murdered his girlfriend and her mother in his girlfriend’s home. Blackwell then proceeded to hold his girlfriend’s infant son hostage. At 1:30 the next morning, after taking some pills, Blackwell handed the baby to police and surrendered. Authorities took Blackwell to a hospital where medical personnel pumped his stomach. 3

During the hostage standoff, Blackwell exhibited signs of mental illness and im *531 pairment due to intoxicants. For example, Blackwell’s uncle informed one of the officers at the scene that Blackwell had been drinking vodka all day. Blackwell behaved erratically while the police sought his surrender. One officer present, Kelley Willis, stated spontaneously about Blackwell, “This guy is nuts,” and noted that he would just “go off on his own.” Various friends and family members later testified that Blackwell did not sound like himself, was talking in two different voices, and “not in his right mind.”

Dr. Margaret Shin, a psychiatrist, evaluated Blackwell soon after his arrest. Her finding initially was that “of antisocial personality disorder, and also adjustment disorder with depressed mood.” Later, on March 1, 1992, Dr. Shin changed her report to state that her “diagnostic impression [was] a delusional paranoid disorder.” However, she also noted that Blackwell continued to suffer from an antisocial personality disorder and was “somewhat malingering.” It is not clear from the record whether Blackwell’s court-appointed trial counsel, John Wellman, knew about Dr. Shin’s report prior to trial.

After Wellman was appointed, he requested a psychiatric evaluation from Dr. Michael Taylor, a Des Moines psychiatrist. After meeting with Blackwell over a period of months, Taylor reportedly concluded that Blackwell “was an angry young man and had perceived events that he had been mistreated and his anger festered and developed into rage and this was the action of somebody who was just very, very angry. ...” Because he concluded that Taylor’s testimony would be unhelpful to his trial strategy, Wellman did not file an affirmative defense on mental-health grounds or diminished capacity. The case then proceeded to a bench trial, and Blackwell was found guilty of two counts of first-degree murder and one count of aggravated burglary.

After exhausting his direct appeals, Blackwell filed an Application for Post-Conviction Relief (“PCR”), which the Iowa District Court for Polk County denied. Blackwell then appealed his PCR to the Iowa Court of Appeals, arguing-among other things-that Wellman’s failure to develop mental-health and diminished-responsibility defenses constituted ineffective assistance of counsel in violation of the Sixth Amendment. The Iowa Court of Appeals denied this claim, concluding that ‘Wellman’s decision not to present intoxication, insanity, or diminished responsibility theories was a reasonable, strategic choice.”

Blackwell then filed a habeas corpus petition. The district court denied habeas corpus relief, concluding that the “Iowa courts’ decision on petitioner’s claim was not contrary to or an unreasonable application of clearly established federal law, as determined by the United States Supreme Court.” Blackwell appealed.

II.

On appeal Blackwell argues that the Iowa Court of Appeals’ rejection of his ineffective assistance of counsel claim was an unreasonable application of clearly established federal law. Because ineffectiveness of counsel is a mixed question of law and fact, we review “the district court’s legal conclusions de novo and its findings of fact for clear error.” Hoon v. Iowa, 313 F.3d 1058, 1060 (8th Cir.2002); see also Whitehead v. Dormire, 340 F.3d 532, 536 (8th Cir.2003). 4

*532 The scope of our review of the state-court determination is very narrow. As relevant for this case, we will overturn a claim adjudicated on the merits in a state court proceeding only if the adjudication of the claim resulted in a decision that involved an unreasonable application of “clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254(d)(1). 5 A state court decision is considered an “unreasonable application of’ clearly established Supreme Court precedent if it “correctly identifies the governing legal rule but applies it unreasonably to the facts of a particular prisoner’s case .... ” Williams v. Taylor, 529 U.S. 362, 407-08, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000). However, we may not reverse a state court’s decision simply because we conclude that the court incorrectly applied the clearly established federal law. Id. at 409-11, 120 S.Ct. 1495. Rather we must conclude both that the law was applied incorrectly and that the law was applied in an “objectively unreasonable” manner. See Wiggins v. Smith, — U.S.-,-, 123 S.Ct. 2527, 2535, 156 L.Ed.2d 471 (2003).

III.

Blackwell alleges that his trial counsel’s failure to develop mental-health and diminished-responsibility defenses constituted ineffective assistance of counsel in violation of the Sixth Amendment. 6 The right to effective counsel is a clearly established federal right. See Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Under the Strickland test, in order to demonstrate ineffective assistance of counsel, Blackwell must show that: (1) his “counsel’s performance was laeking-so lacking in fact that counsel was not functioning as the ‘counsel’ guaranteed defendant by the Sixth Amendment-and (2) that the deficient performance prejudiced the defense.” Brown v. United States, 311 F.3d 875, 877 (8th Cir.2002) (citing Strickland, 466 U.S. at 687, 104 S.Ct. 2052). Accordingly, we must determine whether the Iowa Court of Appeals applied the Strickland standard unreasonably to the facts of this case.

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Bluebook (online)
349 F.3d 529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-eugene-blackwell-v-leonard-graves-warden-iowa-state-penitentiary-ca8-2003.