Sutton v. Bell

645 F.3d 752, 2011 U.S. App. LEXIS 11553, 2011 WL 2207315
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 8, 2011
Docket03-5058
StatusPublished
Cited by32 cases

This text of 645 F.3d 752 (Sutton v. Bell) 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
Sutton v. Bell, 645 F.3d 752, 2011 U.S. App. LEXIS 11553, 2011 WL 2207315 (6th Cir. 2011).

Opinions

BOGGS, J., delivered the opinion of the court. DAUGHTREY, J. (pp. 765-67), delivered a separate opinion concurring in the reasoning and the result of the majority. MARTIN, J. (pp. 767-71), delivered a separate dissenting opinion.

OPINION

BOGGS, Circuit Judge.

Nicholas T. Sutton is a Tennessee prisoner sentenced to death for murdering a fellow prisoner. He petitions for a writ of habeas corpus on the grounds that his trial counsel was constitutionally ineffective. We affirm the district court’s denial of habeas relief.

I. Background

On January 15, 1985, Carl Estep, an inmate at Tennessee’s Morgan County Regional Correctional Facility, was murdered in his cell. He was stabbed thirty-eight times in the chest and neck with two homemade knives, or “shanks,” which were found near his body. Defensive wounds on his hands and arms, as well as blood on his body, the walls, and the bunk, indicated that there had been a struggle!

Sutton, Thomas Street, and Charles Freeman were charged with Estep’s murder. At trial, the primary evidence against Sutton was the testimony of three other inmates, Harold Meadows, Estel Green, and Cary Scoggins. Meadows testified that, shortly before the body was discovered, he saw Sutton and Street enter [755]*755Estep’s cell and heard Estep scream. He also claimed that two days before, Sutton and Estep had a “physical” discussion, during which Sutton held a knife to Estep’s throat. Green testified that he also saw Sutton and another inmate go into Estep’s cell and that he heard Estep screaming while Sutton was inside. Scoggins explained that Sutton and Estep had been feuding over a drug deal, and that Estep had threatened to kill Sutton. Scoggins also testified that he saw Sutton, Street, and Freeman enter Estep’s cell, and that he watched through the cell-door window as Sutton repeatedly stabbed Estep.

The jury convicted Sutton and Street but acquitted Freeman. Sutton was sentenced to death based on three statutory aggravating circumstances: (1) he had previously been convicted of a violent felony, first-degree murder; (2) he was incarcerated at the time of Estep’s murder; and (3) Estep’s murder was “heinous, atrocious, or cruel.” See Tenn.Code Ann. § 39-2-203(i)(2), (5), (8) (1986). The Tennessee Supreme Court affirmed the conviction and sentence on direct appeal, State v. Sutton, 761 S.W.2d 763 (Tenn.1988), and the Tennessee Court of Criminal Appeals rejected Sutton’s petition for postconviction relief, Sutton v. State, 1999 WL 423005 (Tenn.Crim.App. June 25, 1999).

Sutton appeals from the district court’s denial of his petition for a writ of habeas corpus. He has received a certificate of appealability on four ineffective-assistance-of-counsel claims: (1) that his counsel failed to object to two aspects of courtroom security during the guilt phase; (2) that his counsel failed to object to three instances of prosecutorial misconduct during the guilt and penalty phases; (3) that his counsel failed to object to the penalty-phase jury instructions on the “heinous, atrocious, or cruel” aggravating circumstance; and (4) that his counsel failed to adequately investigate and present mitigating evidence of the amount of violence in Tennessee prisons and of his troubled background.

II. Standard of Review

Sutton’s ineffective-assistance claims are governed by the familiar standard of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). He “must show that counsel’s representation fell below an objective standard of reasonableness” and “that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Id. at 688, 694, 104 S.Ct. 2052. Given the prejudice requirement, “counsel cannot be ineffective for a failure to raise an issue that lacks merit.” Greer v. Mitchell, 264 F.3d 663, 676 (6th Cir.2001).

All of Sutton’s claims were adjudicated on the merits by the Tennessee state courts on postconviction review. Therefore, we may not grant the writ unless the state court decision “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court,” or “was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254(d). An adjudication is contrary to clearly established law if, for example, the “state court applies a rule that contradicts the governing law set forth in [Supreme Court] cases.” Williams v. Taylor, 529 U.S. 362, 405-06, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000). A state court decision is unreasonable if, for example, “the state court identifies the correct governing legal rule ... but unreasonably applies it to the facts of the particular state prisoner’s case.” Id. at 407, 120 S.Ct. 1495. The application must be “objectively unreason[756]*756able,” not merely incorrect. Id. at 409-10, 120 S.Ct. 1495.

III. Trial Security

Sutton’s first claim is that his counsel was constitutionally ineffective for failing to raise two objections under Holbrook v. Flynn, which prohibits trial “practices” that “prejudice” the defendant without “sufficient cause.” 475 U.S. 560, 568, 571, 106 S.Ct. 1340, 89 L.Ed.2d 525 (1986). He first argues that his counsel should have objected to “the conspicuous, or at least noticeable, deployment of’ ten uniformed guards in the courtroom,1 seven of whom were armed, because they suggested “official concern or alarm” that he was “particularly dangerous or culpable,” id. at 569, 106 S.Ct. 1340.

The state appellate court reasonably rejected this claim because the underlying Flynn claim failed. The guards’ presence likely caused little prejudice: as the trial judge testified during postconviction proceedings, they were “not overly conspicuous” because they were spaced out in the very full courtroom — four were behind the defense table, one was next to the jury, two were in the balcony, and one was posted at each of the courtroom’s three doors. And we agree with the trial judge that the legitimate security concerns involved in trying three inmates for violently murdering a fourth inmate, where the defendants were not wearing upper-body restraints and six other inmates were testifying as witnesses, was “sufficient cause” for any prejudice. See Flynn, 475 U.S. at 571, 106 S.Ct. 1340 (holding that “the State’s need to maintain custody over defendants who had been denied bail” as flight risks was “sufficient cause” for whatever prejudice resulted from the “spectacle of four [uniformed and armed] officers quietly sitting” behind the defendants); Bell v. Hurley, 97 Fed.Appx. 11, 16-17 (6th Cir.2004) (noting that visibly shackling the defendant — which, unlike the presence of guards, is “inherently prejudicial” under Flynn — was justified because he was accused of attacking a guard during a prison riot); see also Deck v. Missouri,

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Cite This Page — Counsel Stack

Bluebook (online)
645 F.3d 752, 2011 U.S. App. LEXIS 11553, 2011 WL 2207315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sutton-v-bell-ca6-2011.