Rodney Mays v. Larry Chandler

342 F. App'x 159
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 18, 2009
Docket07-6315
StatusUnpublished
Cited by4 cases

This text of 342 F. App'x 159 (Rodney Mays v. Larry Chandler) 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
Rodney Mays v. Larry Chandler, 342 F. App'x 159 (6th Cir. 2009).

Opinions

COHN, District Judge.

This is a habeas case under 28 U.S.C. § 2254. A Clay County, Kentucky, grand jury indicted Petitioner-Appellant Rodney Mays (Appellant) and Donald Simmons for the shooting murder of Curtis Smith. They were tried together to a jury. Appellant was convicted as the principal actor in Smith’s death and sentenced to life imprisonment. Simmons was convicted of accomplice liability and sentenced to twenty years in prison.

Appellant challenges Respondent-Appel-lee Larry Chandler, Warden (Appellee), on the three issues identified in Part I. The district court denied relief on all issues. As explained below, we AFFIRM.

I. ISSUES ON APPEAL

Appellant raises three issues on appeal:

(1) Whether the Kentucky Supreme Court’s holding on direct appeal that the trial court did not err in failing to conduct a Remmer1 hearing after counsel for Appellant informed the judge that a juror had unauthorized communication with Smith’s mother during trial is contrary to and/or an unreasonable application of clearly established federal law;
(2) Whether the Kentucky Court of Appeal’s holding on collateral appeal that Appellant was not prejudiced by [161]*161his trial counsel’s failure to object to a detective’s testimony that he believed Simmons’s version of events over Appellant’s is contrary to and/or an unreasonable application of clearly established federal law; and
(3) Whether the Kentucky Supreme Court’s holding on direct appeal that the Appellant was not prejudiced by the prosecutor’s referring to him as a “lowlife coward” during closing arguments is contrary to and/or an unreasonable application of clearly established federal law.

II. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

A. The shooting

The account of the shooting is adapted from the Kentucky Supreme Court’s summary, supplemented by other parts of the record. On the evening of February 6, 1997, Appellant, Simmons, and Smith went to Britton Branch, a remote section of Clay County, where they built a fire and drank alcohol. Shortly thereafter, Smith was shot and killed. The police found his body the following day and questioned Appellant and Simmons about the death. Both told the police that they left Smith on the side of the road on the way to Britton Branch and had not seen him again.

One year later, on February 26, 1998, while in jail for driving under the influence, Simmons contacted the police and gave them a recorded statement of his version of what happened to Smith. Simmons said he, Appellant, and Smith had been driving around while drinking and taking Xanax. They stopped at Stevie Collins’s game room. Appellant went inside while Simmons and Smith waited in the car. Upon Appellant’s return, the three drove to a house where they knew they could purchase more liquor and drugs. As they were walking toward the house, Appellant told Simmons that Collins had offered to pay him $5,000 to kill Smith.2 Thereafter, the three men went to Britton Branch. After building a fire by the road, Appellant went to the car and turned on some music. When he returned, he stood directly behind Smith, shot him in the back of the head, and then fired the remaining rounds from the gun into Smith’s body.

According to Simmons, Appellant then reloaded the pistol and forced him at gunpoint to help remove and destroy some of Smith’s clothing and throw Smith’s body over a hill. The two men then returned to Collins’s game room where Appellant collected $5,000, gave Simmons $1,000, and told him what he should tell the police if he was questioned.

On April 7, 1998, the police interrogated Appellant, who gave a different version of the events. In a recorded statement, Appellant admitted that Collins had offered to pay him $5,000 to kill Smith. Initially Appellant agreed, and Collins gave him a gun. Appellant said he then changed his mind, and Collins then threatened to kill him. Appellant further claimed that before the drive to Britton Branch he told Simmons about his conversation with Collins.

At this point the stories diverged. Appellant told the police that Simmons shot Smith, then gave the gun to Appellant and ordered him to shoot Smith as well. Appellant denied throwing Smith’s body over the hill. According to Appellant, he and Simmons returned to the game room where Appellant collected the $5,000 and gave Simmons $2,000.

[162]*162Appellant told a different story at trial. He testified that Simmons and Smith had been arguing throughout the night. According to Appellant, Simmons had been having an affair with Smith’s wife and was angry at Smith for having hit her; further, Smith owed Simmons a substantial sum of money. Appellant said that after the three arrived at Britton Branch, he went to the car to play some music. He heard gun shots and when he returned he found Smith slumped over dead. Simmons then forced Appellant to shoot Smith’s dead body and threatened him not to tell the police.

B. The trial

1. Juror contact with Smith’s mother

During trial, the following colloquy took place at the bench:

[Appellant’s Counsel]: Before we get started on something else. It’s come to my attention that there was a conversation in the hallway between the lady you just spoke to [juror] and the blond headed lady and the two women in the red back there in the back. I believe one of them is Mr. Smith’s mother.
[Prosecutor]: Who ... ?
[Appellant’s Counsel]: The blond headed lady that just spoke up and the two ladies there dressed in red.
By the Court: I’ll inquire into that at some point in time. Let’s proceed. The court never addressed the issue again during trial.
2. Detective Hopkins’s testimony

Detective Hopkins testified that he believed Simmons’s 1998 account of what had happened:

Q: So you felt at that point, regardless of the statement he’d given you back February 7th [1997], you felt he was telling you the truth now, is that correct?
A: That’s right.
Q: Now, when he made the prerecorded statement to you on February 26th, the one that led you to make the tape recorded statement, did you feel that he was being evasive at that point?
A: No.
Q: When he gave you the tape recorded statement itself, did you feel he was being evasive about anything?
A: No, not really.
Q: And you felt he was telling you the truth?

A: I did.

Detective Hopkins then testified that he believed Appellant was not being truthful in his 1998 statement:

Q: During the time that you actually recorded the statement, you continually asked Mays we just want you to be honest; we just want you to tell the truth. Why did you keep asking him that or telling him that.

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342 F. App'x 159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodney-mays-v-larry-chandler-ca6-2009.