Nicholas Lee Ingram v. Walter D. Zant, Warden, Georgia Diagnostic and Classification Center

26 F.3d 1047, 1994 U.S. App. LEXIS 17171, 1994 WL 327400
CourtCourt of Appeals for the Eleventh Circuit
DecidedJuly 12, 1994
Docket93-8473
StatusPublished
Cited by39 cases

This text of 26 F.3d 1047 (Nicholas Lee Ingram v. Walter D. Zant, Warden, Georgia Diagnostic and Classification Center) 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
Nicholas Lee Ingram v. Walter D. Zant, Warden, Georgia Diagnostic and Classification Center, 26 F.3d 1047, 1994 U.S. App. LEXIS 17171, 1994 WL 327400 (11th Cir. 1994).

Opinion

PER CURIAM:

Petitioner, Nicholas L. Ingram, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, seeking collateral relief from his conviction and sentence of death. In his petition to the district court, Ingram raised twenty-seven different challenges to his conviction and sentence. On September 10, 1992, the district court denied relief without conducting an evidentiary hearing. Ingram appealed, challenging the district court’s conclusions with respect to six of his claims as well as the court’s failure to conduct an evidentiary hearing on the merits of his contentions. Because we conclude that the district court correctly denied relief, we affirm.

I. BACKGROUND

On November 20, 1983, a jury sitting in Cobb County, Georgia, found petitioner, Nicholas Ingram, guilty for the June 3,1983, malice murder of J.C. Sawyer. 1 The facts of this crime are recounted in the Georgia Supreme Court’s opinion in Ingram v. State, 253 Ga. 662, 323 S.E.2d 801, 805-06 (1984), cert. denied, 473 U.S. 911, 105 S.Ct. 3538, 87 L.Ed.2d 661 (1985). During the sentencing phase, the jury found the existence of one statutory aggravating circumstance, i.e., that the murder was committed while Ingram was engaged in the commission of another capital felony (robbery). The jury sentenced Ingram to death. On appeal, the Georgia Supreme Court affirmed Ingram’s convictions and sentences. Ingram, 253 Ga. 662, 323 S.E.2d 801.

On September 23, 1985, after exhausting his direct appeals, Ingram filed a petition for writ of habeas corpus in the Superior Court for Butts County, Georgia. The Superior Court conducted an evidentiary hearing on December 7, 1987, and denied Ingram’s petition for habeas corpus on April 26, 1988. The Georgia Supreme Court denied Ingram’s motion for a certificate of probable cause to appeal on June 30, 1988, and he exhausted his state collateral appeals when the United States Supreme Court denied his petition for writ of certiorari on November 28, 1988. Ingram v. Kemp, 488 U.S. 975, 109 S.Ct. 514, 102 L.Ed.2d 549 (1988).

*1049 On January 4,1989, Ingram filed a petition for writ of habeas corpus in the United States District Court for the Northern District of Georgia, and the district court entered an order staying his execution. In his petition for habeas corpus, Ingram raised a myriad of issues challenging both his conviction and sentence. After the district court denied his petition for habeas corpus, Ingram filed a motion to alter and amend the judgment. The district court denied Ingram’s motion. He appeals.

II.PARTIES’ CONTENTIONS

Ingram contends that a majority of the jurors who voted for death believed that he would either be paroled within seven years if sentenced to life or never be executed if sentenced to death, making its sentence of death unreliable under the Eighth Amendment. He further contends that the jury imposed death only because it believed that he would serve more time in prison under a death sentence than under a life sentence. The government contends that the jury’s sentence was rehable within the meaning of the Eighth Amendment and that further evi-dentiary development on this issue is unnecessary.

III.ISSUE

Although Ingram raises six issues on appeal, the only one we address is whether his death sentence is unreliable and a violation of his rights under the Eighth Amendment because of the jury’s alleged erroneous beliefs regarding parole and the imposition of a death sentence.

IV.DISCUSSION

During the voir dire prior to Ingram’s trial, the trial court permitted defense counsel to ask potential jurors whether they believed a person sentenced to death would actually be executed, and whether a person sentenced to life imprisonment would be paroled. Specifically, defense counsel asked the potential jurors if they believed that Ingram would actually be electrocuted if given the death penalty, and if given a life sentence whether he would eventually be released from prison. Based on the individual juror’s responses, defense counsel asked them additional questions regarding their beliefs. The following colloquies, recounting two jurors’ responses, are representative of this line of questioning during the voir dire:

Juror Viney

[Defense counsel]: Okay. Do you think if the defendant in this case is given the death penalty that he will actually be electrocuted?
Juror: No, sir.
[Defense counsel]: Why do you say that? Juror: Just past history.
[Defense counsel]: Okay. Do you think if he’s given a life sentence that he would eventually be released from prison? Juror: Yes, sir. Same reason.

Juror Deville

[Defense counsel]: Now, Mr. Deville, if the defendant is given the death penalty in this case, do you think that he will be electrocuted?
Juror: I seriously doubt it.
[Defense counsel]: Why do you say that? Juror: Well, just the past history of the leniency of the judicial system, the parole system.
[Defense counsel]: Do you think if the defendant is given a life sentence that he would eventually be released from prison?
Juror: I think it’s very possible.
[Defense counsel]: Why do you say that? Juror: For the same reason, the track record and history of the judicial and parole system. 2

*1050 The Georgia Supreme Court, in its opinion, describes this portion of the voir dire of potential jurors as follows:

Defendant asked potential jurors on voir dire whether they believed defendant would actually be executed if sentenced to death. The voir dire transcript shows that none of the jurors believed that an execution would be imminent and many expressed doubts that it would be carried out at all, in view of the infrequency of executions in recent years and the seemingly never-ending review of capital eases.
On the basis of these answers, defendant challenged the array at the close of voir dire, contending these jurors would be incapable of meaningful deliberation on the question of punishment and would be prone to impose the death penalty.

Ingram, 323 S.E.2d at 811.

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Bluebook (online)
26 F.3d 1047, 1994 U.S. App. LEXIS 17171, 1994 WL 327400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nicholas-lee-ingram-v-walter-d-zant-warden-georgia-diagnostic-and-ca11-1994.