Patrick Lane Moody v. Marvin Polk, Warden, Central Prison, Raleigh, North Carolina

408 F.3d 141, 2005 U.S. App. LEXIS 8333, 2005 WL 1118275
CourtCourt of Appeals for the Fourth Circuit
DecidedMay 12, 2005
Docket04-21
StatusPublished
Cited by73 cases

This text of 408 F.3d 141 (Patrick Lane Moody v. Marvin Polk, Warden, Central Prison, Raleigh, North Carolina) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Patrick Lane Moody v. Marvin Polk, Warden, Central Prison, Raleigh, North Carolina, 408 F.3d 141, 2005 U.S. App. LEXIS 8333, 2005 WL 1118275 (4th Cir. 2005).

Opinions

Affirmed by published opinion. Judge LUTTIG wrote the opinion, in which Judge WILKINSON joined. Judge TRAXLER wrote a separate opinion concurring in the judgment.

OPINION

LUTTIG, Circuit Judge.

Appellant Patrick Lane Moody was convicted of capital murder and sentenced to death by a North Carolina state court. In a state post-conviction proceeding, Moody alleged, inter alia, that his trial counsel rendered ineffective assistance at sentencing. The state court denied relief to Moody, and the district court dismissed Moody’s subsequent section 2254 petition. We granted a certificate of appealability to review Moody’s claim. Because we conclude that the state court’s decision was neither contrary to nor an unreasonable application of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), we affirm.

I.

Moody was indicted in January 1995 for the first degree murder of Donnie Ray Robbins. J.A. 35. He initially entered a plea of not guilty. On July 14, 1995, during the state’s presentation of evidence at his trial, Moody changed his plea to guilty. The state’s evidence tended to show the following:

In July 1994, defendant started having an affair with Wanda Robbins (Wanda), the wife of the victim, Donnie Robbins. Over the course of their affair, defendant and Wanda discussed various plans to murder Wanda’s husband and share the insurance proceeds. On 16 September 1994, defendant went to Loman’s Trailer Park in Thomasville, North Carolina, to the home of Donnie and Wanda Robbins. Defendant identified himself as Darryl Thompson and pretended to be interested in buying Donnie’s old Chevrolet automobile. He and Donnie went to a field near the trailer park where the automobile was located. Defendant asked Donnie to measure the automobile, purportedly to determine whether it would fit on a “roll-back” truck. As Donnie leaned over the hood of the automobile to measure it, defendant shot him in the back of the head with a .32 caliber semiautomatic pistol he had stolen the previous day from a house near the trailer park.

State v. Moody, 345 N.C. 563, 481 S.E.2d 629, 631-32 (1997).

During the sentencing hearing, the state presented evidence that Wanda Robbins had sought to complete the paperwork necessary to receive insurance benefits for her husband’s death early the morning after the murder, supporting the inference that the murder was committed for pecuniary gain. Moody, 481 S.E.2d at 632. The state also introduced evidence that Moody had been previously convicted in Florida of attempted first-degree murder and conspiracy to commit first-degree murder. Id.

In mitigation, Moody’s counsel presented testimony from Steve Ervin, an ordained minister with a religious group called “His Laboring Few Biker’s Ministry.” Id. at 632. Ervin testified that Moody had been involved with the group in the time preceding the murder, but that [145]*145his involvement diminished after he met Wanda. Id.

In addition, defendant’s mother and half-brother testified as to-Moody’s “traumatic and abusive childhood.” Id. Carl Jacobs, Moody’s half-brother, testified that Moody’s father abused Moody when he was a young child, beating him with a board, breaking plates over his head, and locking him in his room without meals for up to eighteen hours. S.J.A. 462-65. Jacobs also testified that when Moody was 17, he temporarily moved in with Jacobs to avoid the abuse. S.J.A. 466. Janice Wan-del Moody (“Jardee”), Moody’s mother, testified that Moody’s father punished Moody in order to hurt Janice, and that Moody told her that he was abused by his father. S.J.A. 486. Jacobs did not see Moody at all between the time that Moody was 4 or 5 years old and when Moody moved in with him at age 17; Janice saw Moody infrequently over that time period. S.J.A. 468-69, 485, 493.

Defense counsel also offered the testimony of Dr. Jerry Wayne Noble, a clinical psychologist. S.J.A. 313-14. Dr. Noble testified that Moody had told him that he had suffered physical abuse as a child. Dr. Noble also testified that a neighbor had contacted Social Services when Moody was a child to report that Moody was abused. S.J.A. 331. Dr. Noble diagnosed Moody as suffering from Attention Deficit Hyperactivity Disorder, borderline intellectual functioning (with I.Q. scores ranging from 74 to 82), alcohol dependence, a mixed personality disorder, child abuse syndrome, and physical problems resulting from psychological difficulties. S.J.A. 351-58.

Moody also testified on his own behalf at sentencing. He admitted killing the victim but denied that he did it for insurance money. He testified that he killed Donnie Robbins because Wanda Robbins threatened to turn him in to the police on outstanding Florida warrants if he did not commit the murder. S.J.A. 535.

The jury unanimously found two aggravating factors: that Moody “has been previously convicted of a felony involving the use or threat of violence to the person” and that “the capital felony was committed for pecuniary gain.” J.A. 379. One or more jurors considered the following factors to be present and mitigating: the murder “was committed while the defendant was under the influence of mental or emotional disturbance”; “the defendant acted under the domination of another person”; “the defendant aided in the apprehension of another capital felon”; “Moody was physically and verbally abused by his father during his formative years”; “Moody suffered during his childhood and adolescent years as a result of the lack of love and nurturing from his father and step-mother”; and “Moody was deceived by Wanda Robbins ... to believe that she ... was being physically abused by Donnie Ray Robbins.” J.A. 379.

The jury recommended and the trial court imposed the death penalty. Moody, 481 S.E.2d at 631. Moody’s conviction and sentence were upheld on direct appeal. Id.

In his state post-conviction proceedings, Moody alleged, inter alia, that his trial counsel were constitutionally ineffective for failing to perform an adequate mitigation investigation, failing to adequately prepare Dr. Noble for his testimony, and failing to introduce evidence pertaining to the aggravating factor of Moody’s prior conviction for attempted murder. The state MAR court denied relief, J.A. 35-119, as did the district court. J.A. 335-467. We issued a certificate of appealability to review Moody’s claim that his counsel rendered ineffective assistance at sentencing.

[146]*146II.

Because the North Carolina state court rejected Moody’s claim on the merits, our review is constrained by the Antiterrorism and Effective Death Penalty Act (AED-PA). Moody seeks relief exclusively under section 2254(d)(1), which permits us to grant the writ of habeas corpus only if the state court adjudication resulted in “a decision that was contrary to, or 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).

A decision is “contrary to” Supreme Court precedent if “the state court applies a rule that contradicts the governing law set forth in our cases.” Terry Williams v. Taylor,

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Cite This Page — Counsel Stack

Bluebook (online)
408 F.3d 141, 2005 U.S. App. LEXIS 8333, 2005 WL 1118275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patrick-lane-moody-v-marvin-polk-warden-central-prison-raleigh-north-ca4-2005.