Robert Mitchell Pitts v. James v. Anderson, Superintendent, Mississippi State Penitentiary

122 F.3d 275, 1997 U.S. App. LEXIS 25289, 1997 WL 542847
CourtCourt of Appeals for the Fifth Circuit
DecidedSeptember 19, 1997
Docket96-60673
StatusPublished
Cited by46 cases

This text of 122 F.3d 275 (Robert Mitchell Pitts v. James v. Anderson, Superintendent, Mississippi State Penitentiary) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robert Mitchell Pitts v. James v. Anderson, Superintendent, Mississippi State Penitentiary, 122 F.3d 275, 1997 U.S. App. LEXIS 25289, 1997 WL 542847 (5th Cir. 1997).

Opinions

[277]*277DAVIS, Circuit Judge:

Mississippi state prisoner Robert Mitchell Pitts appeals from the district court’s denial of his habeas corpus petition filed pursuant to 28 U.S.C. § 2254. Pitts alleges that the prosecutor in his state trial improperly impeached him using his post-Miranda1 silence, in violation of Doyle v. Ohio, 426 U.S. 610, 619-20, 96 S.Ct. 2240, 2245-46, 49 L.Ed.2d 91 (1976). Concluding that the prosecutor’s questions and comments do not violate Doyle, we affirm the judgment of the district court and deny the writ of habeas corpus.

I.

This case arises from an incident occurring in the early morning of January 14, 1990, in a rural part of Wayne County, Mississippi. Pitts had been deer hunting and two of his dogs were loose. He received a report that his dogs were at the home of 68-year-old Pauline Smithinger and her 77-year-old cousin, Roy Baggett. Pitts was told that Smithinger had tied up the dogs and was going to kill them unless the owner came for them. Around one o’clock in the morning, Pitts went to Smithinger’s home. Finding the gate to Smithinger’s yard locked, Pitts shot off the lock with his rifle. He then went in and retrieved his dogs.

There is some dispute as to what happened next, as Pitts’s and Smithinger’s versions of the events conflict. At trial, Pitts testified that Smithinger came out of her house trailer and yelled obscenities at him as he attempted to explain that he was there to pick up his dogs. He further testified that Baggett came out of the trailer with a pistol and began shooting at him. Pitts then retrieved his rifle from his truck, where he had put it after shooting the lock. According to Pitts, Smithinger grabbed the rifle barrel and shook it. While Smithinger was shaking the rifle, it went off several times, striking Baggett in the arm and severing an artery. Pitts testified that he offered to bring Baggett to the hospital, but Smithinger refused. Pitts then went back to his deer camp and went to sleep. Baggett bled to death several hours later.

Smithinger testified that she was awakened early the morning of January 14 when Pitts came to her house to get his dogs. She told him that it was late and urged him to come back at a more reasonable time. She testified that Pitts was holding a rifle and had his finger on the trigger. Baggett then came out of the house and Pitts turned and pointed his rifle at him.2 Smithinger grabbed the rifle so that it would fire into the air, but Pitts shook her away. Pitts then shot Baggett. Smithinger testified that Pitts did not offer to help Baggett, but instead got into his truck and drove away.

Later that morning, Sheriff Marvin Farri- or went to Pitts’s deer camp and arrested him. After being advised of his Miranda rights, Pitts first told the sheriff that he did not know what the sheriff was talking about. The sheriff then told Pitts that he would need to see the gun that he had with him the previous night. Pitts then told the sheriff that “a man come out on [me]. The man come out on me with a gun.”' The sheriff asked what kind of-gun, and Pitts replied “a pistol.” Pitts made no further statements regarding what happened at Smithinger’s home.

Pitts was indicted and tried for murder. Pitts’s defense at trial was that his rifle accidentally discharged during his tussle with Smithinger. During direct examination of Sheriff Farrior, the prosecution elicited testimony that after being read his Miranda rights, Pitts stated that “a man come out on him. The man come out on me with a gun.” The prosecutor then inquired whether Pitts had told the sheriff about Baggett firing the gun or Smithinger grabbing the rifle while the shots went off. The sheriff responded that “[h]e didn’t tell me anything about that.”

The prosecution asked similar questions of Pitts on cross-examination. Pitts responded [278]*278that “I didn’t tell the sheriff nothing else after I told him he come on me with a pistol.” During closing argument, the prosecutor returned to Pitts’s failure to include the accidental nature of the shooting in his original statement to Sheriff Farrior, arguing that:

The sheriff said, I have a warrant for your arrest, Mr. Pitts. He said, I don’t know what you are talking about. He didn’t say, oh, sheriff, it was a terrible accident. I don’t know what you are talking about, he said.... He told the sheriff, he came on me with a gun. He didn’t say it was an accident. He didn’t say Mrs. Pauline [Smithinger] had her finger on the trigger and fired the gun. He didn’t say it occurred during a tussle. All he said was, he came on me with a gun.

The prosecutor then suggested that some time after speaking with the sheriff, Pitts learned that the pistol had been fired and fabricated the story about Baggett firing to conform with the evidence. Pitts’s counsel failed to object to most of the prosecution’s questions and comments regarding omissions in Pitts’s post-arrest statement.

The jury convicted Pitts of manslaughter, and he was sentenced to 20 years imprisonment. On direct appeal, the Mississippi Supreme Court affirmed Pitts’s sentence and conviction. Pitts’s counsel did not raise the Doyle issue on direct appeal. Pitts then filed a state habeas corpus petition, arguing for the first time that the prosecutor’s statements regarding his post-Miranda silence violated Doyle. The Mississippi Supreme Court denied Pitts’s petition, holding that Pitts’s habeas claims were “barred from consideration by Miss.Code Ann. § 99-39-213 and fail to present a substantial showing of the denial of a state or federal right as required by Miss.Code Ann. § 99-39-27.”4

Pitts then filed a federal petition for writ of habeas corpus. In his report and recommendation, the magistrate judge, concluding that the prosecutor impeached Pitts on his post-Miranda statements, rather than on his silence, recommended that Pitts’s petition be denied. The district court adopted the magistrate judge’s report and recommendation and added that even if there was Doyle error, it did not justify habeas relief because it did not influence the jury’s verdict. See Brecht v. Abrahamson, 507 U.S. 619, 626, 113 S.Ct. 1710, 1716, 123 L.Ed.2d 353 (1993) (announcing standard of review of Doyle error in habeas eases). Pitts timely appealed.

II.

A.

Before addressing the putative Doyle violation, we must consider the state’s argument that Pitts’s petition was properly dismissed because of a procedural default. We review the district court's denial of federal habeas relief based on a state procedural ground de novo. Livingston v. Johnson, 107 F.3d 297, 311 (5th Cir.1997); Amos v. Scott, 61 F.3d 333, 338 (5th Cir.1995).

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Bluebook (online)
122 F.3d 275, 1997 U.S. App. LEXIS 25289, 1997 WL 542847, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-mitchell-pitts-v-james-v-anderson-superintendent-mississippi-ca5-1997.