Richardson v. Lack

714 F. Supp. 870, 1988 WL 157253
CourtDistrict Court, M.D. Tennessee
DecidedMarch 2, 1988
DocketCiv. A. No. 3:88-0109
StatusPublished

This text of 714 F. Supp. 870 (Richardson v. Lack) is published on Counsel Stack Legal Research, covering District Court, M.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Richardson v. Lack, 714 F. Supp. 870, 1988 WL 157253 (M.D. Tenn. 1988).

Opinion

MEMORANDUM OPINION AND ORDER

NEESE, Senior District Judge.

The petitioner Mr. Carlton D. Richardson applied pro se for the federal writ of habe-as corpus, claiming he is in the custody of the respondent-warden pursuant to the judgment of conviction of May 23, 1983 of the Criminal Court of Tennessee for its 22nd judicial district (encompassing Maury County) in violation of the federal Constitution, Sixth Amendment, Right to Compulsory Process Clause; and Fourteenth Amendment, § 1, Right to the Due Process of the Law Clause. 28 U.S.C. §§ 2241(c)(3), 2254(a). He claims he has exhausted his available state-remedies by having presented fairly his claims herein to the Court of Criminal Appeals of Tennessee and the Supreme Court of Tennessee, 28 U.S.C. § 2254(b).

Mr. Richardson claims that his federal right to the due process of law was violated when:

1. the prosecution used perjured testimony against him during his trial;
2. the prosecution failed to disclose information favorable to his defense; and
[872]*8723. he was required to participate in a tainted “show-up” for identification-purposes.

“No State shall * * * deprive any person of * * * liberty * * * without due process of law * * Constitution, Fourteenth Amendment. “ * * * ‘A fair trial in a fair tribunal is a basic requirement of due process.’ * * *” Irvin v. Dowd, 366 U.S. 717, 722, 81 S.Ct. 1639, 1642[3], 6 L.Ed.2d 751 (1961). Furthermore, suppression by the prosecution of evidence favorable to an accused upon request violates due process where evidence is material either to guilt or to punishment. Brady v. Maryland, 373 U.S. 83, 104, 83 S.Ct. 1194, 1196-1197[3], 10 L.Ed.2d 215 (1963).

Mr. Richardson claims also that his federal right to compulsory process was violated when his trial-Court refused to allow a witness on his behalf to testify. “In all criminal prosecutions, the accused shall enjoy the right * * * to have compulsory process for obtaining witnesses in his favor * * Constitution, Sixth Amendment.

As it does not appear plainly on preliminary consideration of the face of the applicant’s petition that he is not now entitled to relief in this Court, Rule 4, Rules — § 2254 Cases, it hereby is

ORDERED that the respondent-warden file an answer in accordance with Rule 5, Rules — § 2254 Cases, within 23 days here-from, and that a copy of the petition herein and of this order be served forthwith by the clerk of this Court by certified-mail on the respondent-warden and the attorney-general and reporter of Tennessee. Rule 4, Rules — § 2254 Cases. The noticed slow movement of the mail provides good cause for the additional time allowed. 28 U.S.C. § 2243; Rule 81(a)(2), F.R.Civ.P.

Should it be the respondent’s contention that the petitioner has not exhausted his available state-remedies, he may limit his answer to such issue, in which event the Court will consider first the exhaustion-matter, and thereafter will allow the respondent additional time in which to file a supplemental answer, addressing the merits of the petition, as may be indicated.

ON THE MERITS

The respondent answered, see order herein of March 2, 1988. It appearing that no evidentiary hearing is required, the Court makes “such disposition of the petition as justice shall require.” Rule 8, Rules —§ 2254 Cases.

The pertinent historic facts herein, stated by the Court of Criminal Appeals of Tennessee, follow:

“The defendant, Carlton Daryl Richardson, was convicted of aggravated rape of a 15-year-old girl and sentenced to 30 years imprisonment. * * * On the morning of August 3, 1983, the 15-year-old victim was at the home of her parents in a rural section of Maury County [, Tennessee]. Her grandmother was in bed recovering from a heart attack. Her father was at a point on their farm north of the house, using a gas-powered weedeater. The child’s mother was away cleaning the home of the victim’s grandmother.
“At some time * * * [about] * * * 10:00 and 11:00 that morning, as the victim was taking clothes into the house from the clothesline, she saw a man sitting on the carport steps. He told her that he needed to use the telephone and asked her if she were home alone. She told him that she was alone and was not allowed to let anyone in the house. She then opened the screen door and went inside. However, the man grabbed the door, prevented her from shutting it and followed her into the house. She went into the kitchen and pointed to the telephone but the man did not use the telephone. He told her that he had been waiting for her. The man instructed her not to scream and came toward her. He pushed her to the floor, put his hand over her mouth, tore her clothing, unzipped his pants and inserted his penis into her vagina. The man did not remove his clothing. The victim was wearing a jumpsuit with short pants. He tore the bottom of her jumpsuit but did not remove it. The victim was not sure whether the man ejaculated.
“After the man left, the victim continued to lie on the floor for a short time. She went to the bathroom and placed her [873]*873bloody underpants in some water. She then telephoned her mother and told her of the attack. The mother estimated the time of the call as being * * * [between] 10:15 and 10:30 A.M. When the victim’s father and mother entered the house, they saw that the victim’s jumpsuit was torn and that she was bleeding and hysterical. When she had partly calmed, she tried to give her father a description of the rapist. She told him that she had never seen her assailant before.1
“At 11:04 A.M., Mr. Guy Porter, Criminal Investigator from the Maury County [, Tennessee] Sheriff’s Department, was notified by telephone. By the time that Mr. Porter arrived at the victim’s residence, she had calmed sufficiently to give him a description of the man who attacked her. She described him as a young white male— not the ‘hippie type.’ She described his hair as being similar to hers, not dark and not blonde. She stated that his face was ‘rough,’ and that ‘there might be acne marks on his face.’ He was wearing extremely faded bluejeans that were too large for him and had no shirt. Due to the victim’s hysteria, the description was given in ‘sketches.’ Based on this description, Officer Porter investigated the area for suspects.2
“Early that same afternoon the victim met with Detective Don Rose, who made a composite drawing of the rapist with the victim’s assistance. The victim described the attacker to Detective Rose as being of medium build, with sandy hair and a ‘rough’ face. Detective Rose testified that the victim was satisfied with his composite drawing except for his depiction of the rapist’s hairstyle. Rose drew the hair as being cut straight across the front in bangs whereas the victim described the hair as being swept across and down to the eyebrow. The hairstyle on the composite drawing was never changed to the victim’s satisfaction.

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

Related

Lisenba v. California
314 U.S. 219 (Supreme Court, 1942)
Irvin v. Dowd
366 U.S. 717 (Supreme Court, 1961)
Brady v. Maryland
373 U.S. 83 (Supreme Court, 1963)
Spencer v. Texas
385 U.S. 554 (Supreme Court, 1966)
Stovall v. Denno
388 U.S. 293 (Supreme Court, 1967)
Giglio v. United States
405 U.S. 150 (Supreme Court, 1972)
Neil v. Biggers
409 U.S. 188 (Supreme Court, 1972)
George W. Bates v. United States
405 F.2d 1104 (D.C. Circuit, 1968)
State v. Barger
612 S.W.2d 485 (Court of Criminal Appeals of Tennessee, 1980)
United States v. Ragen
315 U.S. 826 (Supreme Court, 1942)
Freeman v. Mabry
570 F.2d 813 (Eighth Circuit, 1978)
Freeman v. Mabry
439 U.S. 845 (Supreme Court, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
714 F. Supp. 870, 1988 WL 157253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richardson-v-lack-tnmd-1988.