Sturm v. Superintendent of Indian River Juvenile Correctional Facility

514 F. App'x 618
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 13, 2013
Docket12-3360
StatusUnpublished
Cited by4 cases

This text of 514 F. App'x 618 (Sturm v. Superintendent of Indian River Juvenile Correctional Facility) 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
Sturm v. Superintendent of Indian River Juvenile Correctional Facility, 514 F. App'x 618 (6th Cir. 2013).

Opinion

OPINION

McKEAGUE, Circuit Judge.

Petitioner Bryan Christopher Sturm, adjudicated delinquent in Ohio on two counts of murder, filed a petition for writ of habe-as corpus. The district court denied the petition, but certified two issues for appeal. The issues presented on appeal in this tragic case are whether the Ohio courts unreasonably applied clearly established federal law in denying Sturm’s claims (1) that his Fifth Amendment protection against self-incrimination was violated by the trial court’s admission of his confession; and (2) that he was denied his Sixth Amendment right to effective assistance of counsel. For the reasons that follow, we find no error in the district court’s analysis of the two claims and therefore affirm the denial of habeas relief.

I. BACKGROUND 1

The deceased bodies of twelve-year-old Bryan Sturm’s grandmother and aunt, Nancy Tidd and Emma Tidd, respectively, were found sitting in the living room of the grandmother’s home in the evening hours of November 22, 2004. Each woman had *620 suffered a fatal gunshot wound to the head. Within hours, the investigation focused on Sturm at his home in nearby Lower Salem. Detective Mike Warden of the Washington County Sheriffs Department, who was acquainted with Sturm’s father, began questioning Sturm at about 11:50 p.m., with the father’s permission and in his presence. The questioning took place in an unmarked police cruiser parked outside the Sturm residence. Warden advised Sturm that he was not under arrest, did not have to speak with the police, and could leave at any time. Sturm said he understood.

In response to questioning, Sturm acknowledged that he had not gone to school that day. He had slept in until about 1:00 p.m. and then “huffed” gasoline. Sturm said his stepbrother gave him a ride to his grandmother’s house. There he received permission to use a .410 shotgun for target practice in the backyard. After getting in an argument with his grandmother, Sturm said he called his uncle for a ride home. Detective Warden had reason to believe Sturm had actually received a ride home from a motorist who reported having pickedup a shirtless boy walking along State Route 530 early that evening. The motorist had dropped his rider off in Lower Salem. Believing that Sturm was lying about how he got home, Warden asked Sturm’s father for permission to continue the questioning outside his presence. Sturm’s father stepped out of the vehicle and granted permission.

Warden confronted Sturm about his apparent untruthfulness. Following a few more questions, Sturm confessed to having shot his aunt and his grandmother. He explained that his grandmother started “putting him down.” When he raised the shotgun, his aunt intervened and grabbed the gun. The shotgun accidentally fired, striking his aunt in the side of the head. Sturm said he then reloaded and shot and killed his grandmother. He left the shotgun there in the laundry room and started walking through the woods behind the house, eventually getting a ride home.

At this point in the interview, about 12:19 a.m., Warden read Sturm his Miranda rights and, after obtaining a written waiver, tape-recorded Sturm’s statement. Sturm was arrested, taken into custody and detained in the Washington County Juvenile Center, charged with being delinquent based on two counts of aggravated murder.

Prior to trial, Sturm moved to suppress the statement he gave to Detective Warden, contending that it was elicited during custodial interrogation before he had been advised of his Miranda rights. The Washington County Juvenile Court concluded that Sturm was not in custody when he gave the confession and denied the motion. In February 2005, Sturm was tried by a jury in the juvenile court and was found delinquent on two counts of murder. A blended sentence was imposed. Sturm was committed to the Ohio Department of Youth Services until he reaches the age of twenty-one. Thereafter, he is subject to two consecutive prison terms of fifteen years to life, a sentence which is stayed, however, pending successful completion of the juvenile disposition. The adjudication was affirmed on direct appeal. Sturm, 2006 WL 3861074. Sturm’s motion for post-conviction relief was denied by the juvenile court without a hearing on November 15, 2007. This ruling, too, was affirmed. In the Matter of B.C.S., No. 07CA60, 2008 WL 4823572 (Ohio Ct.App. Oct. 29, 2008). After the Ohio Supreme Court denied leave to appeal, Sturm filed his petition for habeas relief in the United States District Court for the Southern District of Ohio. The petition was denied on *621 February 24, 2012, but the district court certified two issues for appeal.

Sturm contends the district court erred in denying his claims that the Ohio Court of Appeals unreasonably applied clearly established federal law in holding first, that he was not in custody when he gave his confession, and second, that he had not been denied effective representation. As to the former issue, Sturm contends that both courts failed to properly consider his age in determining whether a reasonable person in his position would have felt free to terminate the conversation with Detective Warden and exit the police cruiser. As to the latter issue, Sturm insists that his trial counsel’s failure to obtain and call expert witnesses in support of his defense cannot be considered sound trial strategy, was substandard representation, and resulted in prejudice. Sturm contends counsel should have consulted and obtained experts to testify regarding coerced/false confessions, firearm ballistics, crime scene reconstruction, and DNA evidence.

II. ANALYSIS

A. Standard of Review

We review the district court’s legal conclusions and rulings on mixed questions of law and fact de novo, and review factual findings for clear error. Jalowiec v. Bradshaw, 657 F.3d 293, 301 (6th Cir.2011). Under the Antiterrorism and Effective Death Penalty Act (“AEDPA”), the federal courts may not grant habeas relief on any claim that was adjudicated on the merits in the state courts unless the adjudication resulted in a decision that: (1) was contrary to, or involved an unreasonable application of, clearly established federal law as determined by the Supreme Court; or (2) was based on an unreasonable determination of the facts in light of the evidence presented to the state courts. 28 U.S.C. § 2254(d). Under the “contrary to” clause, a federal habeas court may grant the writ only if the state court arrived at a conclusion opposite to that reached by the Supreme Court on a question of law, or if the state court decided the case differently than the Supreme Court has on a set of materially indistinguishable facts. Williams v. Taylor, 529 U.S. 362, 412-13, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Darrell Neely
124 F.4th 937 (D.C. Circuit, 2024)
Weld v. Carl
E.D. Michigan, 2024
People v. N.A.S.
2014 CO 65 (Supreme Court of Colorado, 2014)
B.C.S. v. Darnell
134 S. Ct. 96 (Supreme Court, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
514 F. App'x 618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sturm-v-superintendent-of-indian-river-juvenile-correctional-facility-ca6-2013.