Rhonda Williams, A/K/A Victoria Tribble v. Elaine Lord, Superintendent, Bedford Hills Correctional Facility

996 F.2d 1481, 1993 U.S. App. LEXIS 16096
CourtCourt of Appeals for the Second Circuit
DecidedJuly 1, 1993
Docket626, Docket 92-2429
StatusPublished
Cited by24 cases

This text of 996 F.2d 1481 (Rhonda Williams, A/K/A Victoria Tribble v. Elaine Lord, Superintendent, Bedford Hills Correctional Facility) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rhonda Williams, A/K/A Victoria Tribble v. Elaine Lord, Superintendent, Bedford Hills Correctional Facility, 996 F.2d 1481, 1993 U.S. App. LEXIS 16096 (2d Cir. 1993).

Opinions

LUMBARD, Circuit Judge:

Rhonda Williams appeals from a judgment of the Eastern District of New York, Kor-man, J., dismissing her petition for a writ of habeas corpus. The district court rejected her contention that her 1987 conviction in the Supreme Court of New York, Queens County, on charges of second degree murder and criminal possession of a weapon, violated her constitutional right to present a defense because the trial court excluded evidence of the victim’s prior violent act. We affirm.

On July 9, 1986, Williams fatally stabbed John Neil Bennett in the chest in a parking lot located at 41-09 12th Street in Queens County, New York. The next day, the New York City Housing Authority Police, following a tip, questioned her about the incident. She admitted stabbing Bennett but claimed she had acted in self-defense. She made both a written and a videotaped statement to that effect.

According to these statements, Williams, a prostitute, was paid by Bennett to have oral sex. While in his car, Bennett smoked some crack for about fifteen minutes and then “started going crazy,” grabbing her by the neck, calling her a “bitch,” and saying “you ain’t going nowhere.” He punched her in the [1482]*1482face and legs. He then grabbed a knife from under the seat and cut her arm. When he tried to cut her face, she grabbed the knife by the blade, wrestled it from him, and stabbed him in the chest. She got out of the car and ran, as Bennett yelled, “[b]itch, you cut me.” She threw the knife behind a storefront grate. She then found her “man,” Kenneth Simmons, who had her retrieve the knife, which he threw down a sewer.

At trial, the government introduced both Williams’ written and videotaped statements. The police officers who interrogated her testified that they had not noticed any evidence that she had been injured, such as blood on her body or swelling. Furthermore, the medical examiner testified that the only injuries suffered by Bennett were the stab wound and a small abrasion on one finger of his left hand. The toxicologist testified that no drugs or alcohol were found in Bennett’s system and concluded that this was “inconsistent” with his having smoked crack.

During trial, a prosecutorial memorandum revealing that Bennett was the subject of a prior rape investigation was inadvertently disclosed to the defense. Defense counsel tried unsuccessfully to contact the victim in the prior rape,, whom we shall refer to as Doe, but was told by her mother that Doe had identified Bennett as the rapist.

Defense counsel moved for a continuance to allow Doe to appear in court to identify Bennett. In response to the court’s questions as to the admissibility of this testimony, counsel argued it should be admissible because the similarities between the two situations suggested that Bennett had a “modus operandi of committing these types of assaul-tive acts in conjunction with sexual assaults.” Cf. People v. Molineux, 168 N.Y. 264, 293, 61 N.E. 286 (1901) (evidence of a defendant’s prior acts admissable to show motive, intent, absence of mistake, identity, or a common scheme or plan).

The court denied the motion, and Williams offered no evidence in her defense. The jury convicted, and Williams was sentenced to concurrent terms of imprisonment of fifteen years for murder and one year for weapons possession.

Williams moved to set aside the verdict, claiming that the government’s failure to disclose information concerning the rape investigation in a timely manner was prosecutorial misconduct. Doe’s affidavit in support of this motion established that she had gone out with “Neil,” who had raped her at knifepoint after smoking some marijuana. She had identified Bennett’s picture in July 1986 and was told by the police that he was dead. Defense counsel argued that this testimony was admissible to show a modus operandi, motive, intent, or absence of mistake. The court denied her motion, ruling that “[e]vi-dence to show the reputation of the victim as a person of violence or specific violent acts of the victim, are [sic] admissible only if the defendant had knowledge thereof prior to the homicide of the victim, of which the defendant had concededly none.” See In re Robert S. (anonymous), 52 N.Y.2d 1046, 438 N.Y.S.2d 509, 420 N.E.2d 390 (1981) (reaffirming the exclusion of evidence of the victim’s prior violent acts, if the defendant was unaware of the acts).

Williams appealed, arguing that the evidence was crucial to her defense and noting that New York followed the minority rule as to its admissibility. She urged the admission of this evidence, claiming, “When a defendant’s constitutional right to present a defense is implicated, the court should err on the side of admissibility. United States v. Nixon, 418 U.S. 683, 709 [94 S.Ct. 3090, 3108, 41 L.Ed.2d 1039] (1974); Chambers v. Mississippi, 410 U.S. 284, 302 [93 S.Ct. 1038, 1049, 35 L.Ed.2d 297] (1973).” The Appellate Division affirmed her conviction, without commenting on the evidentiary issue. People v. Williams, 160 A.D.2d 753, 553 N.Y.S.2d 818 (2d Dep’t 1990).

In a letter dated April 16, 1990, Williams sought leave to appeal to the New York Court of Appeals, claiming, “Where evidence goes to the heart of a defendant’s case, his right to present a defense outweighs trial court discretion to prohibit such evidence. People v. Hudy, 73 N.Y.2d 40, 56-58 [538 N.Y.S.2d 197, 535 N.E.2d 250] (1988).” The Court of Appeals summarily denied her application. People v. Williams, 76 N.Y.2d 745, 558 N.Y.S.2d 906, 557 N.E.2d 1202 (1990).

[1483]*1483Williams then filed the instant petition, alleging that the exclusion of the evidence violated her constitutional right to present a defense under the Fifth, Sixth, and Fourteenth Amendments. Noting that it was “doubtful whether [she] properly alerted the New York courts to the federal constitutional underpinning of her claim,” the district court denied the writ, reasoning that the rule was constitutional because it did not arbitrarily exclude more evidence than was justified by its purpose. Williams now appeals.

A. Exhaustion of state comt remedies

We find that Williams has exhausted her state court remedies. Although she did not cite specific constitutional provisions in her brief to the Appellate Division, she explicitly asserted her constitutional right to present a defense. Furthermore, she cited a leading Supreme Court case in this area, Chambers v. Mississippi 410 U.S. 284, 302, 93 S.Ct. 1038, 1049, 35 L.Ed.2d 297 (1973) (holding that an evidentiary rule barring a party from impeaching his own witness violated the constitutional right to present a defense).

Thus, Williams satisfied the exhaustion requirement by fully presenting her claim to the state court. See Daye v. Attorney Gen. of New York, 696 F.2d 186, 191 (2d Cir.1982) (in bane), cert. denied, 464 U.S. 1048, 104 S.Ct. 723, 79 L.Ed.2d 184 (1984).

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Bluebook (online)
996 F.2d 1481, 1993 U.S. App. LEXIS 16096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rhonda-williams-aka-victoria-tribble-v-elaine-lord-superintendent-ca2-1993.