Michael LaHood v. Lorie Davis, Director

653 F. App'x 253
CourtCourt of Appeals for the Fifth Circuit
DecidedJune 21, 2016
Docket15-20169
StatusUnpublished

This text of 653 F. App'x 253 (Michael LaHood v. Lorie Davis, Director) 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
Michael LaHood v. Lorie Davis, Director, 653 F. App'x 253 (5th Cir. 2016).

Opinion

JAMES E. GRAVES, JR., Circuit Judge: *

This is a federal habeas corpus case brought by a state prisoner, Michael George LaHood. The district court found that confidence in the outcome of the trial was undermined because of the evidence supporting at least a strong suspicion that LaHood was incompetent. The district court entered final judgment granting conditional habeas relief in the event that the state of Texas did not retry LaHood within sixty days. The district court stayed' the *255 order pending completion of all appeals or the expiration of time for seeking any appeal. We REVERSE.

I. BACKGROUND AND PROCEDURAL HISTORY

LaHood was charged by indictment in Harris County, Texas with the first-degree felony offenses of aggravated kidnapping and aggravated sexual assault. LaHood pleaded not guilty, but a jury found him guilty as charged of both offenses. On the question of punishment, the jury found the state of Texas’s enhancement allegation to be true and sentenced LaHood to thirty years of imprisonment on each conviction to be served concurrently.

On direct appeal in Texas, LaHood claimed that the trial court erred under Pate v. Robinson, 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815 (1966) in failing to sua sponte conduct an inquiry into LaHood’s legal competency. See LaHood v. State, 171 S.W.3d 613, 618 (Tex. Ct. App. 2005). The Fourteenth Court of Appeals of Texas, however, affirmed his convictions by written opinion. Id. Subsequently, LaHood filed applications for a state writ of habeas corpus challenging his convictions. The state habeas trial court entered written findings of fact and recommended that relief be denied. The Texas Court of Criminal Appeals (the “TCCA”) remanded the matter to the state habeas trial court for further findings of fact after LaHood provided the affidavits of two medical experts who concluded that there was evidence in the record showing that LaHood was incompetent to stand trial.

Nevertheless, the TCCA ultimately denied his applications on June 26, 2013. See Ex parte LaHood, 401 S.W.3d 45 (Tex. Ct. Crim. App. 2013). The TCCA found that LaHood’s trial counsel was deficient for failing to investigate LaHood’s mental-health history. Id. at 52-57. Nevertheless, the TCCA found that LaHood still failed to prove prejudice under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) because he had not shown- a reasonable probability that the fact finder would have found him incompetent to stand trial. Id.

Thereafter, on June 26, 2013, LaHood filed a federal petition for a writ of habeas corpus. LaHood’s present federal habeas petition argues: (1) that trial counsel was ineffective for failing to investigate his severe ongoing illness and clear indicators of incompetency; and (2) that the trial court denied him his due process right to a fair trial by failing to sua sponte inquire into his competency. The district court conditionally granted LaHood’s petition after finding him entitled to relief on both claims.

A. LAHOOD’S COMPETENCE AT TRIAL

LaHood points to several statements and actions at trial which he argues should have alerted his attorney and the court to his incompetence. When questioned by his attorney regarding his decision to testify, he indicated that he felt coerced. He then noted that his attorney advised him not to take the stand, but he wanted to give his “side of the story.” Ultimately, LaHood testified and explained his relationship with the victim along with their prior drug use and sexual history. He contradicted the victim’s assertion that she had been kidnapped by testifying that the victim drove the car the entire way to Houston and noted that they stopped in multiple populated areas where theoretically she could have alerted someone if she felt endangered. He also testified that the purpose of the trip was to purchase materials for making methamphetamine and that the *256 victim purchased ammonia for its manufacture.

Following LaHood’s direct testimony, the court conducted an on-the-record conference regarding the State’s intent to impeach LaHood with his prior convictions. LaHood interrupted the State’s attorney by calling a prior conviction “incorrect.” The trial court stated, “Mr. LaHood, I don’t want to hear from you anymore.” The parties continued their discussion and LaHood again interrupted by stating, “I need my medicine.” The trial court called the jury into the courtroom and the State began LaHood’s cross-examination. In response to the prosecutor’s first question, LaHood stated, “I’m not sure I understand the question. I didn’t get my psych meds today. I’m having trouble understanding things, sir.” LaHood then said that he was “[v]ery nervous again.” The State resumed questioning and LaHood stated, “I need my medication. This is ridiculous. I am so uncomfortable. I’m seeing the lights blink. I take medication for manic depression, schizophrenia.” The trial court then removed the jury from the courtroom. Outside of the jury’s presence, LaHood continued, “I haven’t had it. This is not right.” The trial court then conducted an off-the-record conference. The following day the court conducted an on-the-record conference in which LaHood again attempted to speak to the court directly. LaHood accused the judge of wanting to find him in contempt,

LaHood’s trial counsel, Leah Borg, conducted a re-direct examination during which she addressed his behavior at trial the previous day. He told the jury that he had trouble testifying because he is “manic depressive schizoaffective” and takes medication. When asked if he had received his medication on that day he stated, “Not for four days in a row. Twice I take it. I only received part of it.” He testified that he did not receive his medication on the first day of trial and only received part of his medication on the second. When asked how he reacts when he doesn’t take his medication, he stated, “I get very stressed out, shaky and I hallucinate. Sometime auditory ...” He noted that the day before he had not received his medication, nor during the prior evening. He then testified that the morning of the present testimony he was given only some of his medications. He added that a prison employee had given him “triple doses” the night before, so he was “a lot calmer.” Borg continued questioning LaHood regarding the offense, the prosecutor conducted a re-cross and then the jury was removed.

Outside of the jury’s presence, the trial court began a hearing to determine the admissibility of certain evidence. LaHood made several out-of-turn remarks regarding the falsity of the State’s information, and his innocence. The jury deliberated and returned a guilty verdict. The court’s docket sheet noted that LaHood had attempted suicide while the jury was deliberating punishment.

During the penalty phase of the trial, LaHood blurted out “Shelley is using drugs right now.” During the prosecution’s questioning of a witness, he interrupted again with several outbursts.

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653 F. App'x 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-lahood-v-lorie-davis-director-ca5-2016.