Stevie Caldwell v. Virginia Lewis

414 F. App'x 809
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 16, 2011
Docket08-5156, 08-5157
StatusUnpublished
Cited by111 cases

This text of 414 F. App'x 809 (Stevie Caldwell v. Virginia Lewis) 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
Stevie Caldwell v. Virginia Lewis, 414 F. App'x 809 (6th Cir. 2011).

Opinions

DAMON J. KEITH, Circuit Judge.

Stevie and Randy Caldwell appeal the district court’s denial of their petitions for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254, following their convictions for conspiracy to commit arson, aggravated arson, and first-degree felony murder in Kentucky state court. The Caldwells argue that they were provided ineffective assistance of counsel because trial counsel failed to call alibi witnesses at trial despite promising the jury that these witnesses would testify at trial. For the reasons discussed below, the district court’s determination is REVERSED.

I. BACKGROUND

A. Facts

On December 7, 1994, Timmy Dildine heard Luther Gist tell Wayne Cunningham (“Wayne”), “I want my goddamn money, or I will blow your head off.” Gist and Wayne lived in rural Tennessee on Gum Springs Mountain. Gist lived in an old structure that was heated by wood, which lacked indoor plumbing. Around 1:00 a.m. on December 8, 1994, Gist’s home caught fire. Gist, inside the home, died from smoke inhalation as the home burned to the ground. Wayne had a sixteen-year-old son, Lester Cunningham (“Lester”), whose nickname was “Boss” or “Boss Hog.” Although there was no evidence that the fire was caused by arson, police suspected that Lester had played a role in burning Gist’s home. After Lester denied any involvement, police offered him nonprosecution in exchange for a confession. Under that agreement, he claimed that he witnessed Stevie and Randy Caldwell deliberately set Gist’s home on fire.

The Caldwells provided a different account of the evening’s events to the police. Stevie Caldwell and his wife, Bridgett Caldwell, lived with Randy and his wife, Gayle Caldwell, at the foot of Gum Springs Mountain. The Caldwells told police that Stevie and Randy were home the night of the fire—first fighting chickens with Les[811]*811ter, and later sleeping in their respective beds—until a relative called them to report the Gist fire. Stevie, who received Supplemental Security Income (“SSI”) mental disability benefits and may not have been able to tell time, said that he thought the call came at about 3:30 a.m. The others said the call came at about 6:00 a.m.

Lester’s version of the evening changed on several occasions. He initially claimed that he was sleeping on the Caldwells’ couch during the fire. He subsequently changed his story, claiming that he, Stevie, and Randy had caused the fire. He changed his story again, in January 1995, when he gave defense counsel an audio-taped statement in which he denied involvement with the fire and stated that he, Stevie, and Randy were at the Caldwells’ home all night. He also explained in detail how police had used scare tactics to force his confession: “They told me that I had to tell them that Randy and Stevie was up there, that we was all up there, that Randy went around the house and Stevie went around the side of the house and that they all took off.... [I said it] because they told me to and the way they were pressuring me, I mean, I wasn’t going to get my ass kicked.” At trial, Lester testified that the Caldwells were involved in starting the fire. After trial, Lester went to defense counsel and stated that his trial testimony was perjured, and the Caldwells were not involved in starting the fire. Lester soon vacillated again and stated that his trial testimony was in fact truthful.

Defense counsel identified multiple witnesses who contradicted Lester’s inculpa-tory story. The Caldwells’ trial attorneys filed notices of an alibi defense, indicating that they planned to rely upon the Cald-wells’ wives, Bridgett (Stevie’s wife) and Gayle (Randy’s wife), to testify about their whereabouts from 10 p.m. until 6 a.m. Stevie’s attorney, Hilton Conger (“Conger”), prepared the wives to testify to the alibi during a mock trial, and prepared other witnesses as well, including the Cald-wells’ mother and father. The wives provided a complete alibi; the father placed Stevie and Randy at home about an hour before the fire. Conger stated that he had no reason to disbelieve the wives, and that he had not uncovered any character evidence that would damage them. Conger was also aware of another defense witness, Timmy Dildine, the man who heard Gist demanding payment of a debt from Lester’s father, Wayne, on the day of the fire.

The government gathered evidence to support Lester’s story that he and the Caldwells started the Gist fire. The government obtained the testimony of Linville Roberts (“Roberts”), an elderly woman who lived approximately ten-to-fifteen minutes walking distance from Gist’s house. Roberts reported that Stevie and Lester had come to her house at about 3:00 a.m., which was more than an hour after the fire was spotted. According to Roberts, Stevie and Lester told her that their car had run out of gas, and they then used her phone to call relatives. She stated that they rested in her living room until daylight and then left walking. The government also gathered the following evidence: 1) a lighter in Stevie’s possession on December 8, 1994; 2) two jugs with kerosene residue in Randy’s car; and 3) testimony that around 2:00 a.m. on the night of the fire, two of Gist’s neighbors heard a car with a loud muffler—a condition that is common to many cars in the area, including Randy’s car.

On August 29, 1995, the government tried the Caldwell brothers jointly for arson-related charges and for the felony-murder of Gist. It dropped its charges against Lester. No physical evidence was presented to show that the fire was caused by arson. No fire marshal reports were presented, and there was no evidence that [812]*812the Caldwells had a motive to burn Gist’s house.

The state’s chief witness was Lester, who provided the following testimony. After fighting chickens at the Caldwell house, he, Stevie, and Randy left the house at about 11:15 p.m. in Randy’s car. They went to Gist’s home, and spontaneously decided to burn some hay bales. The Caldwells then decided to burn the house instead of hay, using Stevie’s lighter and a jug of gasoline from Randy’s car. After setting Gist’s house on fire, they left in Randy’s car and stopped to watch the fire. Lester and Stevie walked to get a closer look; Randy drove off. Lester and Stevie walked for two to three hours in the woods until they arrived at Roberts’s house. They used her phone to call Randy, who picked them up nearby.

Lester was cross-examined about his previous, contradictory statements that exculpated the Caldwells, and he testified that he had previously lied because of pressure from the Caldwells. The government also presented the testimony of Roberts. Roberts was not cross-examined about a recorded statement that she gave the police in which she stated that Stevie and Lester were not responsible for the fire, but rather, other people were the culprits.

According to Stevie’s trial counsel, Conger, the intended focus of the defense was to undermine Lester’s incredible testimony with the Caldwells’ alibi. In his opening statement to the jury, Conger promised to provide an alibi for the Caldwells. He told the jury that Stevie and Randy were home in bed during the fire. Then he asserted, “Now our witnesses to that are their wives.” Despite this assertion, and despite having witnesses who were prepared to testify, defense counsel put on no proof. In its closing argument, the government emphasized that it had Roberts on its side, and that she was testifying in rough accord with Lester.

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414 F. App'x 809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevie-caldwell-v-virginia-lewis-ca6-2011.