Ralph C. Feltrop v. Paul K. Delo

46 F.3d 766
CourtCourt of Appeals for the Eighth Circuit
DecidedMarch 28, 1995
Docket93-2738
StatusPublished
Cited by17 cases

This text of 46 F.3d 766 (Ralph C. Feltrop v. Paul K. Delo) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ralph C. Feltrop v. Paul K. Delo, 46 F.3d 766 (8th Cir. 1995).

Opinions

LOKEN, Circuit Judge.

Ralph C. Feltrop, a Missouri inmate under sentence of death, appeals the judgment of the district court denying his petition for a writ of habeas corpus. Feltrop raises numerous issues, the most difficult being whether the Supreme Court of Missouri correctly applied Walton v. Arizona, 497 U.S. 639, 110 S.Ct. 3047, 111 L.Ed.2d 511 (1990), to cure the trial court’s sentencing-stage error in instructing the jury on a “depravity of mind” aggravating circumstance. We affirm.

I. Background

On March 16, 1987, shortly after a mutilated, dismembered female torso was found in St. Charles County, Missouri, Feltrop reported to the Jefferson County Sheriffs Department that his live-in girlfriend, Barbara Ann Roam, had been missing for a week. Suspecting that the body could be Ms. Roam, a Jefferson County deputy sheriff contacted Feltrop that evening and asked him to meet with St. Charles County investigators. Fel-trop drove to the Jefferson County Sheriffs office, arriving at approximately 9:00 p.m. He waited until officers of the St. Charles County Sheriffs Department arrived at about 11:30 p.m.

Two St. Charles officers began questioning Feltrop in the small watch commander’s office at 11:45 p.m., asking about his relationship with Roam and her disappearance. Fel-trop initially stated that he had last seen Roam two weeks earlier leaving their home with an unknown man. At approximately 1:10 a.m., an officer asked Feltrop whether he was a Christian and would tell the truth; Feltrop responded, “She clawed me and tried to take the knife.” The officers immediately warned Feltrop of his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), which he waived, and the questioning resumed. Feltrop then said that he had killed Roam in self-defense and later directed the officers to a partially submerged trash bag in a pond in Jefferson County which contained Roam’s head, hands, and lower legs.

In June 1988, Feltrop was tried in the Circuit Court of Jefferson County and convicted of murder in the first degree. See Mo.Rev.Stat. § 565.020 (1986).1 Following the guilty verdict, the court conducted a penalty stage of the trial, as prescribed in Mo. Rev.Stat. § 565.030.4. Under this statute, if the jury concludes beyond a reasonable doubt that at least one statutory aggravating circumstance exists, it then considers whether the death penalty should be imposed, taking into account all evidence in aggravation and mitigation of punishment presented during the guilt and penalty stages of the trial. If the jury returns a verdict of death, it must set out in writing the aggravating eircumstance(s) it has found. See generally State v. Shaw, 636 S.W.2d 667, 675 (Mo. banc), cert. denied, 459 U.S. 928, 103 S.Ct. 239, 74 L.Ed.2d 188 (1982); State v. Bolder, 635 S.W.2d 673, 683 (Mo. banc 1982), cert. denied, 459 U.S. 1137, 103 S.Ct. 770, 74 L.Ed.2d 983 (1983); Bolder v. Armontrout, 921 F.2d 1359, 1367 (8th Cir.1990), cert. denied, 502 U.S. 850, 112 S.Ct. 154, 116 L.Ed.2d 119 (1991). The trial court then has the power to reduce this punishment “if it finds that the punishment is excessive.” Rule 29.05 of the Missouri Rules of Criminal Procedure.

At the conclusion of the penalty-stage evidence, the trial court submitted one statutory aggravating circumstance to the jury, whether “the murder of Barbara Ann Roam involved torture and or depravity of mind and [769]*769that as a result thereof it was outrageously or wantonly vile, horrible or inhuman,” the factor enumerated in Mo.Rev.Stat. § 565.032.2(7). The jury’s verdict of death included a written finding that the murder “involved depravity of mind and that as a result thereof it was outrageously or wantonly vile, horrible, or inhuman.”

The trial court denied Feltrop’s Rule 29.05 motion for reduction of sentence, imposed the death sentence, and later denied Fel-trop’s motion for post-conviction relief after an evidentiary hearing. The Supreme Court of Missouri affirmed the conviction and sentence and the denial of post-conviction relief in a consolidated appeal. State v. Feltrop, 803 S.W.2d 1 (Mo. banc), cert. denied, 501 U.S. 1262, 111 S.Ct. 2918, 115 L.Ed.2d 1081 (1991). That Court subsequently denied Fel-trop’s petition for state habeas corpus and motion to recall the mandate. Feltrop then petitioned the district court for a writ of habeas corpus, presenting seventeen grounds for relief. He now appeals the district court’s2 denial of that petition.

II. Sentencing Issues

A. The Aggravating Circumstance Instruction

In State v. Preston, 673 S.W.2d 1, 10-11 (Mo. banc), cert. denied, 469 U.S. 893, 105 S.Ct. 269, 83 L.Ed.2d 205 (1984), the Missouri Supreme Court acknowledged that applying the “depravity of mind” statutory aggravating circumstance “without proper tethers” might run afoul of the U.S. Supreme Court’s decision in Godfrey v. Georgia, 446 U.S. 420, 428, 100 S.Ct. 1759, 1765, 64 L.Ed.2d 398 (1980), which held that the words “outrageously or wantonly vile, horrible and inhuman,” standing alone, do not “impl[y] any inherent restraint on the arbitrary and capricious infliction of the death sentence.”3 Accordingly, the Court in Preston defined factors to be considered in determining whether depravity of mind may be found in a particular case:

mental state of defendant, infliction of physical or psychological torture upon the victim as when victim has a substantial period of time before death to anticipate and reflect upon it; brutality of defendant’s conduct; mutilation of the body after death; absence of any substantive motive; absence of defendant’s remorse and the nature of the crime.

673 S.W.2d at 11. In this ease, the trial court nonetheless charged the bare language of this statutory aggravating circumstance, the only one it submitted to the jury. Fel-trop therefore argued to the Missouri Supreme Court that his death sentence must be set aside because this instruction was unconstitutionally vague.

The Missouri Supreme Court agreed that its limiting definition of “depravity of mind” should have been given to the jury. However, relying on Walton, it denied Feltrop relief from his death sentence. The Court held that (i) Missouri law prescribes a “hybrid” sentencing procedure in which the sentencing judge acts as the final sentencer; (ii) the trial court in denying Feltrop’s motion for reduction of sentence must be presumed to have applied the limiting depravity-of-mind factors enunciated in Preston; and (iii) the evidence supports the finding that the murder involved depravity of mind as construed in Preston. 803 S.W.2d at 14-17.4 The district court held that this appellate review “was sufficient to cure the jury’s unchanneled discretion.”

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Ralph C. Feltrop v. Paul K. Delo
46 F.3d 766 (Eighth Circuit, 1995)

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Bluebook (online)
46 F.3d 766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ralph-c-feltrop-v-paul-k-delo-ca8-1995.