Parle v. Runnels

387 F.3d 1030, 2004 WL 2423691
CourtCourt of Appeals for the Ninth Circuit
DecidedNovember 1, 2004
DocketNos. 02-16896, 02-17281
StatusPublished
Cited by69 cases

This text of 387 F.3d 1030 (Parle v. Runnels) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Parle v. Runnels, 387 F.3d 1030, 2004 WL 2423691 (9th Cir. 2004).

Opinion

HALL, Circuit Judge.

David L. Runnels, Warden of the High Desert State Prison, appeals an order of the district court granting a writ of habeas corpus to Timothy Charles Parle, a prisoner in his custody who was convicted of murder in the first degree.1 The district court held that the California Court of Appeal unreasonably applied Supreme Court precedent regarding the Confrontation Clause of the Sixth Amendment, and that the cumulative prejudicial effect of errors at trial deprived petitioner of a fair trial in violation of the Due Process Clause of the Fourteenth Amendment. Petitioner cross-appeals an additional holding: that his constitutional right to testify was not violated.

We exercise jurisdiction under 28 U.S.C. §§ 2241 and 2253. We REVERSE the district court, VACATE its order of relief, and REMAND for further proceedings on petitioner’s cumulative error claim. We hold that the district court did not accord appropriate deference to the state courts when it found their conclusions unreasonable. Regarding petitioner’s cross appeal, we conclude that, even assuming that the arbitrary restrictions placed on petitioner’s testimony effectively denied him his right to testify on his own behalf, any such error did not have a substantial and injurious effect on the verdict.

FACTS

Petitioner killed his wife, Mary Parle, on December 17, 1993. In the midst of a physical struggle between the couple, he stabbed her in the back while their 6-year-old son, Christopher, was in the house. It is not clear if Christopher actually saw the killing. An autopsy revealed that the fatal knife wound extended five inches into Mary’s back, severing her pulmonary artery. Mary had fresh abrasions, contusions, and marks on her body. Contusions on her neck and marks on her forearm resembled finger pressure marks. A superficial wound on her left hand was caused by a sharp object. Two areas of hemorrhaging on her head indicated trauma.

After stabbing Mary to death, petitioner called 9-1-1 twice, but hung up each time. The operator called back, and petitioner said that Mary had “stabbed herself in the back.” Shortly after being taken into custody, petitioner admitted to the police that he stabbed Mary. His story changed several times during his initial interview with the police. First he said that Mary had come after him with the knife. Then he said that he may have picked up the knife when he wrapped his hand around Mary. Finally he said:

You’re right. I went over. I took the butcher’s block. I found the biggest one.... I fuckin’ took that fucker and set it right in her back, that’s what I did. I was sick of it. I was tired of getting threatened. I’m tired of living in fear.

By all accounts petitioner and his wife had a stormy relationship. They had a history of abusing each other physically. Neither spouse appeared to be emotionally stable. Each was taking a variety of psychiatric medications and regularly drinking large amounts of alcohol. Each had been previ[1034]*1034ously arrested as a result of abusive incidents.

At trial petitioner testified that what he had told the police was “99 percent” lies. He said that after he arrived home on December 17,1993, he began to argue with Mary because some of his guns were missing and “she said she was going to blow my fucking head off.” They yelled at each other about credit card bills. The argument soon turned physical with both petitioner and Mary shoving each other. Later that night, petitioner saw Mary holding a knife over Christopher’s bed. He grabbed her. Mary said she was going to kill Christopher. The two moved into the kitchen. Mary hit petitioner over the head with a frying pan. He fled to the bedroom. Mary grabbed a knife from the kitchen. Petitioner, returning to the kitchen, knocked the knife out of Mary’s hands. He grabbed her, shook her, and tried to calm her down. Then, petitioner testified that he

produced a knife from somewhere, either from her right hand, the sink, the butcher block, the sink, the counter. And I took it in my right hand, put it up against her back, I said, Mary, stop, cool out. You’re killing me, calm down. She was going just the same. I held it against her sweatshirt against her back, said do you feel this, do you feel this. And she was just insane screaming and yelling. The next thing I know the knife handle was sticking out of her back.

He “really wasn’t sure what was happening and what was not happening.”

Petitioner attempted to testify about various threats Mary had made in the past, but was prevented from doing so because the trial court erroneously sustained repeated hearsay objections made by the prosecution. See infra section IIA.

At trial, the prosecution was permitted to introduce a diary Mary began keeping in the months before she was killed. See infra section IA.

Petitioner was convicted of first-degree murder following a jury trial. The California Court of Appeal found that the trial court committed numerous errors but affirmed the conviction, holding that the errors were harmless. The federal district court granted petitioner a writ of habeas corpus. The state of California timely filed a notice of appeal to this court. Petitioner cross-appealed after the district court granted a certificate of appealability on the issue of whether he was denied his rights to present a defense and testify on his own behalf.

STANDARD OF REVIEW

We review de novo a district court’s order granting a writ of habeas corpus. Kennedy v. Lockyer, 379 F.3d 1041, 1046 (9th Cir.2004). A federal court may grant a writ of habeas corpus to a state prisoner with respect to claims that were adjudicated on the merits in state court only if the state court’s decision was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States” or if the ruling was “based on an unreasonable determination of the facts in light of the evidence presented.” 28 U.S.C. § 2254(d).

A state court decision is “contrary to” clearly established federal law if the state court “applies a rule that contradicts the governing law set forth in [Supreme Court] cases” or if it “confronts a set of facts that are materially indistinguishable from a decision of [the Supreme] Court and nevertheless arrives at a result different from [Supreme Court] precedent.” Early v. Packer, 537 U.S. 3, 8, 123 S.Ct. 362, 154 L.Ed.2d 263 (2002) (per curiam) (quoting Williams v. Taylor, 529 U.S. 362, 405-06, 120 S.Ct. 1495, 146 L.Ed.2d 389 [1035]*1035(2000)). A state court decision involves an “unreasonable application of’ clearly established federal law if the state court identifies the correct governing legal principle from the decisions of the Supreme Court but applies it to the particular facts of a prisoner’s case in an “objectively unreasonable” manner, such that the state court decision is “more than incorrect or erroneous.” Lockyer v. Andrade,

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Bluebook (online)
387 F.3d 1030, 2004 WL 2423691, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parle-v-runnels-ca9-2004.