Powell v. Kelly

562 F.3d 656, 2009 U.S. App. LEXIS 7867, 2009 WL 997648
CourtCourt of Appeals for the Fourth Circuit
DecidedApril 15, 2009
Docket08-3
StatusPublished
Cited by33 cases

This text of 562 F.3d 656 (Powell v. Kelly) 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
Powell v. Kelly, 562 F.3d 656, 2009 U.S. App. LEXIS 7867, 2009 WL 997648 (4th Cir. 2009).

Opinions

Affirmed by published opinion. Judge SHEDD wrote the majority opinion, in which Judge MOTZ joined. Judge GREGORY wrote a separate opinion concurring in part and dissenting in part.

OPINION

SHEDD, Circuit Judge:

Paul Warner Powell, a Virginia capital inmate, appeals the denial of his petition for a writ of habeas corpus. We granted a certificate of appealability (“COA”) on three issues: (1) whether the imposition of a death sentence is precluded by the Double Jeopardy Clause of the Fifth Amend[659]*659ment of the United States Constitution; (2) whether trial counsel rendered ineffective assistance by failing to object to the admission of an inaccurate National Crime Information Center report; and (3) whether trial counsel rendered ineffective assistance by failing to develop and present available mitigating evidence. For the following reasons, we affirm.

I.

A.

We begin with a summary of the facts pertaining to the underlying crimes, as articulated by the Supreme Court of Virginia in Powell’s first direct appeal:

“Powell was acquainted with Stacey Lynn Reed (“Stacey”) for two and a half years prior to the commission of the crimes in question. Kristie Erin Reed (“Kristie”), Stacey’s younger sister, described her sister and Powell as ‘[flriends.’ Powell, who was 20 years old at the time of the murder, had wanted to date Stacey, who was 16 years old, but recognized that she was underage and he ‘could go to jail for that.’ ”

“Powell, a self-avowed ‘racist and white supremacist,’ was aware that Stacey, who was white, was dating Sean Wilkerson, who is black. Wilkerson had recently moved to another locality, but he and Stacey remained in contact. Stacey was a member of her high school’s Junior Reserve Officer’s Training Corps and planned to attend a military ball with Wilkerson.

“Just before noon on January 29, 1999, Stacey arrived home from school early, having completed her examinations that were being given that day. Powell was waiting for her at her home when she arrived. When Powell learned that Robert Culver, a friend of the girls’ mother, would be home shortly for lunch, Powell left and returned at about 12:45 p.m., after Culver had left. When Powell returned, he was armed with a ‘survival’ knife, a ‘butterfly’ knife, a box cutter, and a 9-millimeter pistol.

“Stacey was talking to Wilkerson on the telephone. After Stacey ended the telephone conversation, Powell confronted her about her relationship with Wilkerson. He demanded that Stacey end her relationship with Wilkerson. According to Powell, he and Stacey argued, and the argument grew into a struggle. Powell drew the survival knife from his belt and Stacey ‘got stuck.’ Powell denied stabbing Stacey deliberately. The struggle continued briefly until Stacey collapsed on the floor in her sister’s bedroom.

“Although Powell did not know whether Stacey was still alive, he made no effort to determine her condition or call for medical assistance. Powell ‘wandered around the house, got some iced tea, had a cigarette.’ Kristie arrived home from school shortly after 3 p.m. and was met at the door of the home by Powell. Powell told her that Stacey was in her room, but moments later Kristie discovered her sister’s body in Kristie’s bedroom. She dropped her schoolbooks and began to cry.

“Powell ordered Kristie to go to the basement. Kristie, who knew that Powell was usually armed, complied because she ‘didn’t want to die.’ In the basement, Powell ordered Kristie to remove her clothes and to lie on the floor. Powell then raped Kristie, and she ‘begg[ed] him not to kill her.’ Powell later admitted that he knew that Kristie, who was 14 years old at the time of the rape, had been a virgin.”

“While Powell and Kristie were in the basement, Mark Lewis, a friend of Kristie, came to the house and knocked on the door. When Powell heard the knock, he tied Kristie’s legs together and tied her hands behind her back with shoelaces he [660]*660cut from her athletic shoes. Powell then dressed and went upstairs.

“While Powell was upstairs, Kristie managed to loosen the bonds on her hands and attempted to ‘scoot across the floor to hide’ under the basement steps. Hearing Powell coming back to the basement, she returned to the position on the floor where he had left her. Powell then strangled Kristie with a shoelace and she lost consciousness. While she was unconscious, Powell stabbed Kristie in the abdomen and slit her wrists and throat.”

“Powell returned upstairs, searching for ‘anything worth taking.’ He fixed another glass of iced tea, which he took with him when he left the home a short time later. Powell went to a friend’s house and then drove with the friend to the District of Columbia to buy crack cocaine.

“Kristie regained consciousness sometime after Powell had left her home. About 4:10 p.m., she heard Culver return home, and she called out his name. Culver discovered Kristie in the basement, called the 911 emergency response telephone number, and began rendering first aid to her. He later discovered Stacey’s body upstairs. Shortly thereafter, paramedics arrived. In response to a question from one of them, Kristie identified .Powell as her attacker. Powell was arrested later that day at the home of his friend’s girlfriend, where he and the friend had gone after buying drugs.

“Kristie was transported by helicopter to Inova Fairfax Hospital where she received treatment for- her injuries. It was ultimately determined that the wounds to her throat and abdomen each came within one centimeter of severing a major artery which likely would have caused her death.

“An autopsy revealed that Stacey had died from a knife wound to the heart. The medical examiner testified that there was a single entrance wound and two exit wounds indicating that the knife had been withdrawn, at least partially, and then reinserted into the heart. One wound path pierced the left ventricle and the other went through both the left and right ventricles, exiting the heart at the back of the right ventricle.

“Stacey’s body also exhibited a number of bruises on the head, chest, abdomen, back, arms, and legs, abrasions on the face, a stab wound to the back, and a cut and scrapes on the left forearm. The autopsy further revealed that Stacey had been struck on the head with sufficient force to cause bleeding inside her scalp and in the membranes surrounding her brain prior to death. These injuries were not consistent with Stacey merely having fallen during a struggle.

“The DNA profile obtained from the blood found on Powell’s survival knife was consistent with the DNA profile of Stacey’s blood. The DNA profile obtained from sperm fractions from swabs taken from Kristie’s vagina and perianal area was the same profile as that obtained from Powell’s drawn blood sample.

“While in jail, Powell wrote letters to friends in which he admitted having committed the murder, rape, and attempted murder because of Stacey’s relationship with a black man. He further claimed that he had planned to kill Stacey’s family and steal the family’s truck. Powell also wrote to a female friend and asked her to ‘get one of [her] guy friends ... to go to a pay phone and call Kristie and tell her [that] she better tell the cops she lied to them and tell her [that] she better not testify against me or she’s gonna die.’

“Powell told another inmate that he had become angry with Stacey when she refused to have sex with him after talking to Wilkerson.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Gil v. Dotson
E.D. Virginia, 2025
Kankam v. Dotson
E.D. Virginia, 2024
Lenard v. Snukals
E.D. Virginia, 2024
Clark v. Vergakis
E.D. Virginia, 2023
Alexander v. USA-2255
D. Maryland, 2023
White v. Clark
E.D. Virginia, 2023
Kenner v. Cabel
E.D. Virginia, 2023
Webb v. Kanode
E.D. Virginia, 2022
McKinnon v. Clarke
E.D. Virginia, 2022
John Wood v. Bryan Stirling
27 F.4th 269 (Fourth Circuit, 2022)
Goodall v. Unknown
E.D. Virginia, 2022
Gaver v. USA-2255
D. Maryland, 2021
Truman v. P.A. White
E.D. Virginia, 2021
Boyd v. Williams
E.D. Virginia, 2020

Cite This Page — Counsel Stack

Bluebook (online)
562 F.3d 656, 2009 U.S. App. LEXIS 7867, 2009 WL 997648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/powell-v-kelly-ca4-2009.