Ronald Lee Hoke, Sr. v. J.D. Netherland, Warden, Ronald Lee Hoke, Sr. v. J.D. Netherland, Warden

92 F.3d 1350, 1996 U.S. App. LEXIS 21574, 1996 WL 474324
CourtCourt of Appeals for the Fourth Circuit
DecidedAugust 22, 1996
Docket95-4012, 95-4013
StatusPublished
Cited by88 cases

This text of 92 F.3d 1350 (Ronald Lee Hoke, Sr. v. J.D. Netherland, Warden, Ronald Lee Hoke, Sr. v. J.D. Netherland, Warden) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ronald Lee Hoke, Sr. v. J.D. Netherland, Warden, Ronald Lee Hoke, Sr. v. J.D. Netherland, Warden, 92 F.3d 1350, 1996 U.S. App. LEXIS 21574, 1996 WL 474324 (4th Cir. 1996).

Opinions

Reversed by published opinion. Judge LUTTIG wrote the majority opinion, in which Judge RUSSELL joined. Judge HALL wrote a dissenting opinion.

OPINION

LUTTIG, Circuit Judge:

Petitioner, Ronald Lee Hoke, Sr., was convicted in 1986 of capital murder in the robbery, rape, and abduction of Virginia C. Stell. The United States District Court for the Eastern District of Virginia granted Hoke’s writ of habeas corpus, vacated his death sentence, and remanded for a new trial. For the reasons that follow, we reverse and remand with instructions to reinstate Hoke’s death sentence.

I.

On October 15, 1985, at 3:25 a.m., Hoke flagged down a police officer in Hagerstown, Maryland, and confessed to murdering Virginia C. Stell some ten days earlier in her apartment in Petersburg, Virginia. Later that day, Hoke repeated his confession to members of the Petersburg, Virginia, police force. Two days later, while in the Peters-burg jail, Hoke contacted the Petersburg police and, for the third time, confessed to murdering Stell.

On October 4 or 5, 1985, Hoke and Stell were both at the European Restaurant in Petersburg, Virginia. Stell arrived first, but Hoke later joined her at her table. At about 6:00 p.m., the two departed the restaurant together.

On October 7, 1985, police discovered Stell’s body in the bedroom of her apartment. She was bound and gagged, and lying on her stomach, dead. Her wrists were bound with a blue electrical cord, which had been removed from an electric clothes iron. Her ankles were bound with a brown electrical extension cord. Her mouth was gagged with a pair of panties, which were tied around her head so tightly that they left an “impression” on her face. J.A. at 144. And her anal ring was dilated and smeared with both stool and a greasy, yellow substance, “like margarine or butter.” J.A. at 149.

Stell had been stabbed twice, once in the upper right front quadrant of her body and a second time in the right side of her back. The frontal wound was six-and-one-half [1353]*1353inches deep, and the back wound was two- and-five-eighths inches deep. J.A. at 153-64. Additionally, there were fresh, red bruises on her arms. J.A. 150-51. The medical examiner opined that Stell had survived “at least several minutes” after being stabbed. J.A. at 152.

In Stell’s bedroom, the police found a knife, covered with blood, laying on an ironing board. J.A. at 181. The blood on the knife matched Stell’s blood type. J.A. at 167-68. Also on the ironing board was an iron, the cord from which had been removed and used to bind Stell’s wrists. J.A. at 182. Several dresser drawers were open and their contents were “dumped” on the bedroom floor. J.A. at 188, 190. Items from two purses — including • empty pill containers— were also strewn upon the bedroom and adjacent dining room and kitchen floors. J.A. at 187-88, 190. The smoke detector had been ripped from the ceiling socket. J.A. at 181.

Swabs and smears were taken from Stell’s anus and vagina and tested in a laboratory for the presence of semen. The laboratory identified semen “on the vaginal swabs and smear, on the anal smear,” and on a “towel labelled ‘peri-anal wipings.’ ” J.A. at 162-63. Semen found on the sheets and bedspread in the bedroom was consistent with Hoke’s blood type. J.A. at 165.

In Hoke’s first confession, on October 15, he told the Hagerstown police that he had met a woman named Virginia Stell at the European Restaurant, and that he and the woman had gone to her apartment. He said that he had then murdered her by stabbing her twice, “once in the back, once in the abdomen area in the front.” J.A. at 195. After he had stabbed her, “she was screaming,” so he had “placed a pillow ... over her face to muffle [the] screaming.” J.A. at 196. Hoke said that he had known the woman was dead before he left the apartment “because she wasn’t breathing, she wasn’t moving, and her eyes were rolled back in her head.” Id. Finally, Hoke said that he had “dumped [Stell’s] purse and [taken] some pills and left” the apartment. Id.

In Hoke’s second confession on that same day, he told the Petersburg police that, after arriving at Stell’s apartment, the two of them had “had sex.” J.A. at 207. Then, he had “put [a knife] to her throat and tied her up, gagging her mouth, tying her hands, tying her feet together.” Id. He said that he had then stabbed her in the back with the knife, muffling her screams with a pillow, and rolled her over and stabbed her in the stomach. As Stell continued to scream, Hoke had “held the pillow over her face for between four and five minutes in an attempt to suffocate her,” until she died. J.A. at 208. He had then ransacked her apartment and stole some medication that was in Stell’s purse. Id.

On October 17, while in the Petersburg jail, Hoke contacted the police and confessed for a third time. On this occasion, he told police that he had decided to kill Stell while they were walking to her apartment, adding that he had thought about killing someone for a long time, and “this seemed like a perfect opportunity” to do it. J.A. at 209.

On August 5, 1986, Hoke was tried before a jury in the Circuit Court of the City of Petersburg. The jury found Hoke guilty of capital murder in the commission of robbery, rape, and abduction. Concluding that Hoke “constitute^] a continuing serious threat to society” or that his crime was “outrageously or wantonly vile, horrible or inhuman in that it involved torture or depravity of mind or aggravated battery to the victim,” the jury “unanimously fix[ed] [Hoke’s] punishment at death.” J.A. at 395-396.

The Virginia Supreme Court thereafter affirmed Hoke’s conviction and sentence on March 3, 1989, Hoke v. Commonwealth, 237 Va. 303, 377 S.E.2d 595, 597-600 (1989), and the United States Supreme Court denied certiorari, 491 U.S. 910, 109 S.Ct. 3201, 105 L.Ed.2d 709 (1989).

On March 13, 1990, Hoke filed his first state habeas petition in the City of Peters-burg Circuit Court. Following an evidentia-ry hearing, the petition was denied. J.A. at 674. The Virginia Supreme Court subsequently denied Hoke’s petition for appeal and his petition for rehearing, and the United States Supreme Court denied Hoke’s second petition for a writ of certiorari. Hoke v. [1354]*1354Thompson, 502 U.S. 880, 112 S.Ct. 228, 116 L.Ed.2d 185 (1991).

On April 29, 1991, Hoke filed his second state habeas petition in the City of Peters-burg Circuit Court. It, too, was dismissed, J.A. at 705, and the Virginia Supreme Court again refused Hoke’s petition for appeal.

In January 1992, Hoke filed the present federal habeas petition pursuant to 28 U.S.C. § 2254. Initially, the district court dismissed the petition, denying Hoke’s request for an evidentiary hearing. Hoke v. Thompson, 852 F.Supp. 1310 (E.D.Va.1994). In August 1994, however, the district court vacated its earlier decision and ordered a hearing on an issue different from those presented on this appeal.

Prior to that hearing, which was held in November 1994, and in connection with the matter to be addressed at that hearing, the district court ordered the Commonwealth to produce the prosecution’s file from the state court proceedings. In response, the Commonwealth offered, and the district court received, the Petersburg Police Department Files.

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