Thornell v. Jones

602 U.S. 154
Supreme Court of the United States·Decided May 30, 2024·No. 22-982·Published·Cited by 13 cases

Opinions

Syllabus

NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337.

SUPREME COURT OF THE UNITED STATES

Syllabus

THORNELL, DIRECTOR, ARIZONA DEPARTMENT OF CORRECTIONS v. JONES

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

No. 22–982. Argued April 17, 2024—Decided May 30, 2024

Respondent Danny Lee Jones was convicted of the premeditated first-

degree murders of Robert and Tisha Weaver and the attempted premeditated murder of Robert’s grandmother Katherine Gumina. Arizona law at the time required the trial court to “impose a sentence of death” if it found “one or more” statutorily enumerated “aggravating circumstances” and “no mitigating circumstances sufficiently substantial to call for leniency.” Ariz. Rev. Stat. Ann. §13–703(E). The trial court found three aggravating circumstances that applied to both Robert ’s and Tisha’s murders: Jones committed multiple homicides, §13– 703(F)(8); he was motivated by “pecuniary” gain, §13–703(F)(5); and the murders were “especially heinous, cruel or depraved,” §13– 703(F)(6). The trial court found an additional aggravating circumstance with respect to Tisha’s murder: she was a young child, §13– 703(F)(9). The trial court also concluded that Jones had established four mitigating circumstances: long-term substance abuse, drug and alcohol impairment at the time of the murders, head trauma, and childhood abuse. 9 Record 2465. The court concluded that these mitigating circumstances were “not sufficiently substantial to outweigh the aggravating circumstances,” so it sentenced Jones to death. Ibid. The Arizona Supreme Court affirmed after “review[ing] the entire record ” and “independently weighing all of the aggravating and mitigating evidence presented.” 185 Ariz. 471, 492, 917 P. 2d 200, 221.

Jones later sought state postconviction review on the theory that defense counsel was ineffective, but the Arizona courts rejected Jones’s claims. Jones next filed a federal habeas petition in District Court and reasserted his ineffective-assistance-of-counsel claims. The District Court held an evidentiary hearing but ultimately concluded that Jones

could not show prejudice because the additional information he presented “ ‘barely. . . alter[ed] the sentencing profile presented to the sentencing judge.’ ” Jones v. Schriro, 450 F. Supp. 2d 1023, 1043 (quoting Strickland v. Washington, 466 U. S. 668, 700). The Ninth Circuit reversed , but this Court vacated that judgment and remanded for the Ninth Circuit to determine whether, in light of Cullen v. Pinholster, 563 U. S. 170, it had been proper to consider the new evidence presented at the federal evidentiary hearing. See Ryan v. Jones, 563 U. S. 932. On reconsideration, the Ninth Circuit again granted habeas relief . The panel held that it was permissible to consider the new evidence and concluded that there was a “ ‘reasonable probability’ ” that “Jones would not have received a death sentence” if that evidence had been presented at sentencing. Jones v. Ryan, 52 F. 4th 1104, 1137. Ten judges dissented from the denial of en banc review. One dissent, joined by eight judges, asserted that the Ninth Circuit panel flouted Strickland by crediting “questionable, weak, and cumulative mitigation evidence” as “enough to overcome . . . weight[y] . . . aggravating circumstances.” Id., at 1155.

Held: The Ninth Circuit’s interpretation and application of Strickland was in error. Pp. 7–16.

(a) To succeed on his ineffective-assistance-of-counsel claim, Jones must show that counsel provided a “deficient” performance that “prejudiced ” him. Strickland, 466 U. S., at 687. Jones can show prejudice only if “there is a reasonable probability that, absent [counsel’s] errors, the sentencer . . . would have concluded that the balance of aggravating and mitigating circumstances did not warrant death.” Id., at 695. “A reasonable probability is a probability sufficient to undermine confidence in the outcome. That requires a substantial, not just conceivable , likelihood of a different result.” Pinholster, 563 U. S., at 189 (citation and internal quotation marks omitted). To determine whether a prisoner satisfies this standard, a court must “consider the totality of the evidence before the judge or jury”—both mitigating and aggravating . Strickland, 466 U. S., at 695.

The Ninth Circuit departed from these well-established rules in at least three ways. First, it failed adequately to take into account the weighty aggravating circumstances. Second, it applied a strange Circuit rule that prohibits a court in a Strickland case from assessing the relative strength of expert witness testimony. Third, it held that the District Court erred by attaching diminished persuasive value to Jones’s mental health conditions. See 52 F. 4th, at 1129. Contrary to the Ninth Circuit’s suggestion, Eddings v. Oklahoma, 455 U. S. 104, permits a sentencer to find mitigating evidence unpersuasive.

Jones argues that a habeas petitioner is entitled to relief whenever he or she “presents substantial evidence of the kind that a reasonable

sentencer might deem relevant to the defendant’s moral culpability.” Brief for Respondent 14. This rule is squarely at odds with the established understanding of prejudice under Strickland, which requires a “reasonable probability” of a different result. Where aggravating factors greatly outweigh mitigating evidence, there may be no “reasonable probability” of a different result. Pp. 7–9.

(b) Turning to the issue of prejudice in this case, the mitigating evidence Jones presented at the federal evidentiary hearing “would barely have altered the sentencing profile presented to the sentencing judge,” and it is insufficient to show prejudice. Strickland, 466 U. S., at 700. Pp. 9–13.

(1) Jones presented evidence that, he claims, shows he suffers from various mental illnesses. But Arizona courts had already heard testimony that Jones “suffers from a major mental illness,” likely a “form of Bipolar Affective Disorder.” 4 Record 1070; 10 id., at 2567. And they declined to give this evidence much weight because Jones did not “establish a causal connection between his alleged mental illness and his conduct on the night of the murders.” 185 Ariz., at 492, 917 P. 2d, at 221. Jones’s new evidence did not fix that problem because Jones’s experts provided no real link between Jones’s disorders and the murders. Pp. 9–10.

(2) Next, Jones introduced evidence that he suffers from cognitive impairment caused by physical trauma that he suffered during his mother’s pregnancy, at birth, and later in life. But Arizona courts had already heard extensive evidence about Jones’s head trauma and cognitive impairment and did not find this evidence sufficient to warrant leniency. Ibid. The little evidence Jones added at his evidentiary hearing at most corroborates the testimony that the Arizona courts already credited, and it would thus provide little benefit. Pp. 11.

(3) In federal court, Jones also alleged sexual abuse by his grandfather and physical abuse by his second stepfather. But this evidence would not help either. Again, the Arizona courts had heard about many other instances of childhood abuse but concluded they did not warrant leniency, primarily because the abuse appeared unconnected to the murders. 185 Ariz., at 490–491, 917 P. 2d, at 219–220; 9 Record 2465. The new allegations are likewise not causally connected and, at any rate, are uncorroborated. Arizona courts would give such self- reported and uncorroborated evidence “little . . . mitigating weight.” State v. Sharp, 193 Ariz. 414, 425, 973 P. 2d 1171, 1182. Pp. 12–13.

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