State ex rel. Andre Cole v. Cindy Griffith, Warden, Potosi Correctional Center

460 S.W.3d 349, 2015 Mo. LEXIS 27
CourtSupreme Court of Missouri
DecidedApril 9, 2015
DocketSC94880
StatusPublished
Cited by8 cases

This text of 460 S.W.3d 349 (State ex rel. Andre Cole v. Cindy Griffith, Warden, Potosi Correctional Center) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Andre Cole v. Cindy Griffith, Warden, Potosi Correctional Center, 460 S.W.3d 349, 2015 Mo. LEXIS 27 (Mo. 2015).

Opinions

Patricia Breckenridge, Judge

On February 25, 2015, this Court scheduled the execution of Andre Cole for April 14, 2015. On March 23, 2015, Mr. Cole filed a petition for a writ of habeas corpus, claiming that he is incompetent to be executed under Ford v. Wainwright, 477 U.S. 399, 106 S.Ct. 2595, 91 L.Ed.2d 335 (1986); Panetti v. Quarterman, 551 U.S. 930, 127 S.Ct. 2842, 168 L.Ed.2d 662 (2007); and section 552.060.1.1 Mr. Cole asks this Court to issue a writ prohibiting his execution and to appoint a special master to conduct an evidentiary hearing on his claim of incompeteney. He also filed a motion for a stay of execution while his [351]*351incompetency claim is adjudicated. Because the evidence before this Court shows that Mr. Cole has a rational understanding of his sentence and the reason for it and that he is capable of understanding matters in extenuation, arguments for clemency, and reasons why his sentence should not be carried out, Mr. Cole is not incompetent to be executed under Ford, Panetti, or section 552.060.1. Therefore, this Court denies his habeas petition on the -merits and overrules his accompanying motion for a stay of execution.

Factual and Procedural Background

In 2001, Mr. Cole was convicted of first-degree murder, first-degree assault, first-degree burglary, and two counts of armed criminal action. Mr. Cole was sentenced to death for the murder.2 This Court affirmed Mr. Cole’s convictions on direct appeal. State v. Cole, 71 S.W.3d 163 (Mo. banc 2002) (Cole I). Mr. Cole’s motion for postconviction relief was overruled, and this Court affirmed that decision. Cole v. State, 152 S.W.3d 267 (Mo. banc 2004) (Cole II). The United States District Court for the Western District of Missouri denied Mr. Cole’s federal petition for a writ of habeas corpus, Cole v. Roper, 579 F.Supp.2d 1246 (E.D.Mo.2008) (Cole III), and the United States Court of Appeals for the Eighth Circuit affirmed that decision, Cole v. Roper, 623 F.3d 1183 (8th Cir.2010) (Cole IV).

A. Mr. Cole’s Crimes3

Mr. Cole and his wife, Terri, divorced in 1995 after eleven years of marriage. Mr. Ipole was ordered to pay child support for the care of the couple’s two children, but Iris periodic failure to make payments re-suited in an arrearage of nearly $3,000. The record indicates that Mr. Cole and Terri also had disputes involving visitation with the children, and in August 1998, Mr. Cole was upset .about his alleged lack of visitation with his two sons. There is also evidence he was upset about his wages being garnished to cover the child support arrearage. On the evening of August 21, 1998, Mr. Cole forced his way into Terri’s house by throwing a tire iron through a glass door leading to the dining room from the patio. Anthony Curtis, who was visiting Terri, confronted Mr. Cole and asked him to leave. Mr. Cole stabbed and slashed Mr. Curtis more than twenty times, the fatal blow being an eight-inch deep knife wound to Mr. Curtis’s back. Mr. Cole then assaulted Terri, stabbing her repeatedly in the stomach, breasts, back, arms, and her hands when she attempted to defend herself. Terri survived and testified at trial. After the attack, Mr. Cole fled the state, but after a little over a month, returned to St. Louis and surrendered to the police. DNA analysis confirmed the presence of both victims’ blood on the knife and the presence of Mr. Cole’s blood on the deck of Terri’s home, the backyard fence, and in the street where Mr. Cole’s car had been parked.

B. Mr. Cole’s Trial

Prior to his trial, Mr. Cole’s counsel requested an evaluation of Mr. Cole’s competency to stand trial under section 552.020 and to determine whether Mr. Cole was not criminally liable by reason of a mental disease or defect under section 552.030. The trial court appointed Dr. Richard Scott to evaluate Mr. Cole to determine his competency to stand trial. Dr. [352]*352Scott opined that Mr. Cole was not suffering from a mental disease or defect at that time and that he was capable of understanding the proceedings against him and assisting in his own defense. Dr. Michael Armour, who was retained by Mr. Cole’s trial counsel, also evaluated Mr. Cole. Dr. Armour concluded that Mr. Cole was not suffering a mental disease or defect at the time of the murder that would have precluded him from knowing and appreciating the nature, quality, and wrongfulness of his conduct. In their reports, Dr. Armour and Dr. Scott both noted that Mr. Cole denied symptoms of depression, paranoia, delusions, and hallucinations, and they specifically eliminated depression as a possible diagnosis for Mr. Cole.

During the guilt phase of trial, Mr. Cole did not raise the issue of mental illness as a defense or claim that he was incompetent to stand trial. Instead, Mr. Cole presented the theory that he did not bring a weapon into Terri Cole’s house and that Mr. Curtis initiated the attack with a knife. He further testified that he did not have a knife in his hand that night. Mr. Cole did not raise an issue with his mental health during the penalty phase.

C. Mr. Cole’s Post-Conviction Proceedings

In his post-conviction relief proceedings, Mr. Cole asserted that trial counsel was ineffective for failing to present expert witness testimony during the penalty phase to support a claim that Mr. Cole was under extreme mental or emotional disturbance at the time of the crime. In support of this claim, Mr. Cole relied on the report and testimony of Dr. William Logan, a forensic psychiatrist. Dr. Logan’s report stated that Mr. Cole was suffering from major depression at the time of the offense and that his depression, along with alcohol intoxication and the use of steroids, impaired his ability to rationally deliberate and use reasoned judgment at the time of the offense. At the evidentiary hearing on Mr. Cole’s post-conviction relief motion, Dr. Logan admitted that Mr. Cole had lied in the case and that Dr. Logan could not always tell when Mr. Cole was lying.

In denying his claim of ineffective assistance of counsel, the motion court found Dr. Logan to not be a credible witness, stating:

The Court, having heard and considered all of Dr. Logan’s testimony finds his opinions to lack the necessary evidence required to support his conclusions. Dr. Logan admitted that he based his opinions on [Mr. Cole’s] testimony as well as interviews with [Mr. Cole’s family and friends]. Dr. Logan confessed that his entire source of materials for his testimony were litigation materials chosen and provided to him by [Mr. Cole’s] counsel. Clearly, this testimony was biased towards the particular conclusion [Mr. Cole’s] counsel desired to reach. Dr. Logan conceded that many of the claims made by [Mr. Cole] in his interview were distorted, minimized, inconsistent and probably untrue. He agreed that [Mr. Cole’s] current version of events differed greatly from his trial testimony and previous statements to Drs. Scott and Armour. Dr. Logan admitted that [Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
460 S.W.3d 349, 2015 Mo. LEXIS 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-andre-cole-v-cindy-griffith-warden-potosi-correctional-mo-2015.