Robert Foley v. Randy White

835 F.3d 561, 2016 FED App. 0211P, 2016 U.S. App. LEXIS 15774, 2016 WL 4487994
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 26, 2016
Docket13-5459
StatusPublished
Cited by1 cases

This text of 835 F.3d 561 (Robert Foley v. Randy White) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robert Foley v. Randy White, 835 F.3d 561, 2016 FED App. 0211P, 2016 U.S. App. LEXIS 15774, 2016 WL 4487994 (6th Cir. 2016).

Opinions

COOK, J., delivered the opinion of the court in which SUTTON, J., joined. WHITE, J. (pp. 565-70), delivered a separate dissenting opinion.

OPINION

COOK, Circuit Judge.

A Kentucky jury sentenced Robert Foley to death for the 1991 shootings of brothers Lynn and Rodney Vaughn. Foley v. Commonwealth, 942 S.W.2d 876, 879 (Ky. 1996). After exhausting all available appeals, Foley moved under 18 U.S.C. § 3599(a)(2) and (f) for the district court to appoint, counsel and grant funds to retain experts in anticipation of state clemency proceedings. Foley requested a neuropsy-chologist to evaluate the impact of multiple head injuries on his mental functioning. He also sought a ballistics and crime-scene reconstruction expert to support his contention that he shot Rodney in self-defense and that someone else shot Lynn. The district court granted his motion to appoint counsel but denied expert funds as not reasonably necessary for Foley’s clemency bid. Discerning no abuse of discretion in the district court’s decision, we AFFIRM.

Under 18 U.S.C. § 3599(f), a district court may authorize “the payment of fees related to an expert witness whose ‘services are reasonably necessary for the representation of the defendant.’ ” Matthews v. White, 807 F.3d 756, 759 (6th Cir. 2015) (quoting Fautenberry v. Mitchell, 572 F.3d 267, 272 (6th Cir. 2009) (Moore, J., concurring)). A district court should approve funds when “a substantial question exists over an issue requiring expert testimony for its resolution and the defendant’s position cannot be fully developed without professional assistance.” Id. at 760 (quoting Wright v. Angelone, 151 F.3d 151, 163 (4th Cir. 1998)). In the clemency context, “the petitioner must show that the requested services are reasonably necessary to provide the Governor and [Parole Board] the information they need in order to determine whether to exercise their discretion to extend grace to the petitioner in order to prevent a miscarriage of justice.” 'Id. (quoting Brown v. Stephens, 762 F.3d 454, 460 (5th Cir. 2014)).

We review a district court’s decision to deny funds for an abuse of discretion. Fautenberry, 572 F.3d at 268. “A district court abuses its discretion where it applies the incorrect legal standard, misapplies the correct legal standard, or relies upon clearly erroneous findings of fact.” Id. at 268-69 (quoting Getsy v. Mitchell, 495 F.3d 295, 310 (6th Cir. 2007) (en banc)). If a district court acts within its sound discretion, its decision stands “even, if we would have decided the matter differently.” Id. at 270 (quoting Workman v. Bredesen, 486 F.3d 896, 923-24 (6th Cir. 2007) (Cole, J., dissenting)).

Foley insists the district court abused its discretion in denying funds for a neuropsy-chologist and a ballistics and crime-scene reconstruction expert. We examine each request in turn.

A. Neuropsychologist

Foley alleges he suffered several head injuries throughout his life that may have contributed to his violent behavior. In support of his request for a neuropsyehologist to evaluate the effect of these injuries, he supplied an affidavit from his mother Lois Foley, transcripts of his family’s post-conviction testimony, a newspaper article, medical records, and a document from the Kentucky Department of Corrections.

[564]*564In her affidavit, Lois swore that she ingested harmful substances when pregnant with Foley and that Foley experienced multiple head injuries as a child and as an adult. Post-conviction testimony from Lois and Foley’s brother mirrored those allegations. According to the newspaper article, Foley — although not seriously injured — required hospital treatment after a car wreck in 1975 but an x-ray of Foley’s head taken after that accident showed no cranial injury. Similarly, he was involved in another car crash in February 1991, causing lower-back pain and an abrasion on his forehead, and he experienced temporary leg numbness in May 1991. A CT scan and x-ray of Foley’s head after the second accident came back normal. Finally, the prison document details an incident in 2011 when Foley became “woosy” and fell, remaining unconscious for one to three minutes.

In denying funds, the district court found that “Foley does not have a long history of multiple head injuries, a history of childhood developmental issues, and is not of extremely low intelligence.” To the contrary, Foley “was quite intelligent and had been fully involved in assisting his own defense. He had no history of mental illness ... [and] was married and had been operating his own trucking company.” Moreover, the district court noted that “Foley’s competency and mental health have been discussed, analyzed, and adjudged numerous times before this Court and others, and his arguments have consistently been found to be without merit.” Thus, no reasonable necessity supported Foley’s request for a neuropsychologist.

Foley claims the district court clearly erred in finding that he lacked “a long history of multiple head injuries.” But given the lack of medical documentation to support his family’s testimony and the absence of any indicators of brain damage or mental illness in the record, the district court’s assessment was not clearly erroneous. Though Foley points to his past acts of aggression as evidencing brain trauma, his background and criminal history suggest that he is violent, not mentally impaired.

Foley further argues that the district court’s order flouts our decision in Matthews v. White, 807 F.3d 756 (6th Cir. 2015), by-relying on prior state and federal court adjudications concerning Foley’s mental health. In Matthews, we held that the district court abused its discretion by “appearing] to rely on an incorrect rule that § 3599 funding is available only for use in federal proceedings and [by] not otherwise explaining] its reasons for denying the request.” Id. at 757-58. In discussing possible rationales for the district court’s decision, this court mentioned that “it remains unclear why [defendant’s] prior litigation of mental-health issues alone means that a new evaluation cannot be ‘reasonably necessary’ for his clemency petition.” Id. at 763 (emphasis added) (citing Sanborn v. Parker, No. 99-678-C, 2011 WL 6152849, at *1 (W.D. Ky. Dec. 12, 2011)). This language in Matthews cannot support Foley’s position that a district court abuses its discretion by relying — in part — on prior decisions addressing similar issues. Here, the district court independently reviewed the record, noted the prior decisions, and found the reasons underlying them persuasive before reaching its conclusion.

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

Related

Randy Haight v. Scott Jordan
59 F.4th 817 (Sixth Circuit, 2023)

Cite This Page — Counsel Stack

Bluebook (online)
835 F.3d 561, 2016 FED App. 0211P, 2016 U.S. App. LEXIS 15774, 2016 WL 4487994, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-foley-v-randy-white-ca6-2016.