Timothy Dale Bunch v. Charles Thompson, Warden, (Two Cases)

949 F.2d 1354, 1991 U.S. App. LEXIS 28025, 1991 WL 247916
CourtCourt of Appeals for the Fourth Circuit
DecidedNovember 27, 1991
Docket90-4001, 90-4005
StatusPublished
Cited by94 cases

This text of 949 F.2d 1354 (Timothy Dale Bunch v. Charles Thompson, Warden, (Two Cases)) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Timothy Dale Bunch v. Charles Thompson, Warden, (Two Cases), 949 F.2d 1354, 1991 U.S. App. LEXIS 28025, 1991 WL 247916 (4th Cir. 1991).

Opinions

OPINION

WILKINSON, Circuit Judge:

Timothy Bunch was convicted by jury trial and sentenced to death for murder in the commission of robbery while armed with a deadly weapon in violation of Va. Code Ann. § 18.2-31(d) (1988). His conviction and sentence were affirmed by the Supreme Court of Virginia on direct appeal. The Virginia courts have considered and dismissed Bunch’s state petition of habeas corpus. Bunch is now before this court appealing the district court’s dismissal of his federal habeas petition. He alleges nu[1358]*1358merous points of constitutional error but argues primarily that his confession was admitted in violation of his rights under the Fifth Amendment and that he was denied effective assistance of counsel in violation of the Sixth Amendment. Finding no merit in Bunch’s claims, we affirm the judgment of the district court.

I.

On January 31, 1982, Bunch killed his girlfriend Su Cha Thomas. The couple was at Thomas’ house, preparing to go out for dinner when Bunch hid in a downstairs bathroom to lure her. After shooting Thomas in the head, Bunch went upstairs and spent an hour or so drinking wine and listening to the stereo. He then ransacked the house, taking Thomas’ Rolex watch, a diamond ring, a string of pearls and a gold chain. Before he left, he tied a knot in the scarf Thomas was wearing, pulled her unconscious body to a door and hung her by the scarf from the doorknob. According to the medical examiner there was a combined cause of death — “a gunshot wound to the head ... with a secondary complication, asphyxiation by hanging.”

Following the murder, Bunch pawned Thomas’ watch. A report that the pawn shop filed with the police set off an investigation of Bunch, who was a sergeant in the United States Marine Corps. Bunch had met Thomas while temporarily stationed at Quantico in Virginia, but had since returned to his permanent station in Japan.

Two Virginia officials — police inspector Donald Cahill and an assistant Commonwealth’s attorney — traveled to Japan to question Bunch. They informed Bunch of his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), after which Bunch signed a consent form and agreed to talk with them. Bunch asserts that he asked for counsel “approximately a dozen times” during the interrogation, while the Virginia officials claim that Bunch never clearly requested counsel but only mentioned once that “he felt like he might want to talk to a lawyer.” At that point, the Commonwealth’s attorney left the room, but Cahill stayed and discussed another matter with Bunch for several minutes. As Cahill got up to leave, Bunch told Cahill he would cooperate and informed him that the gun was at his mother’s house in Indiana and that Thomas’ ring was in Japan. Cahill and the Commonwealth’s attorney decided that interrogation should not continue unless Bunch signed another consent form. When Bunch refused to sign the form, the interview ended.

Bunch, still in military custody, was transported from Japan back to Quantico, which took forty-two hours. Although military personnel did not question Bunch, they informed him during the flight of his Miranda rights again. Upon arrival at Quantico, Bunch proceeded through processing for delivery to state authorities. During processing, Bunch met with Major Donald Jillisky, an attorney with the Marine Judge Advocate General’s Office. Jil-lisky informed Bunch that he was not present as Bunch’s attorney, but only to advise him of his situation and to transfer him to state authorities. The military attorney told Bunch of the charges he was facing and that he would either have to obtain an attorney or have one appointed for him. Jillisky also instructed Bunch that “he did not have to say anything until he consulted with his lawyer, and that it was probably not in his best interest to say anything until he consulted with his lawyer.”

Following completion of the military processing, Bunch was turned over to Investigator Cahill for transportation to the state police station. During the drive, Cahill asked Bunch “if he felt he was ready to sit down and go over the case.” Cahill informed Bunch that he was under no obligation to speak with Cahill and that the decision was for Bunch to make. Bunch told Cahill he had spoken with an attorney at Quantico who had advised him to contact his own lawyer before making any statements, but had decided to “get it off his chest” and tell the whole story.

When they arrived at the station, Bunch was once again advised of his Miranda rights. He signed a consent form and con[1359]*1359fessed to Cahill. In his confession, Bunch stated that he had decided a few days before killing Thomas to kill someone, probably a prostitute. He decided on Thomas because “she was a slut and she reminded him too much of his wife and he wanted her money.” He told Cahill that he shot Thomas in the head from behind and had a sexual orgasm when doing so. After ransacking the house, he dragged Thomas to the doorknob and hung her by her scarf, again becoming sexually aroused. He gathered her jewelry and left the house.

Bunch was tried for murder during the commission of armed robbery. The trial court suppressed the incriminating statements that Bunch had made in Japan, concluding they had been obtained in violation of his right to counsel. The court held admissible the confession Bunch gave to Cahill in Virginia, however ruling that he had “intelligently, wittingly, freely and voluntarily” waived his rights. A jury convicted Bunch of capital murder and sentenced him to death based on the “vileness” of the crime. See Va.Code Ann. § 19.2-264.2 (1990). The conviction and sentence were affirmed on direct appeal. See Bunch v. Commonwealth, 225 Va. 423, 304 S.E.2d 271 (1983).

Bunch filed a state petition for habeas corpus in February 1984. The trial court dismissed all the asserted points of error except for the claim of ineffective assistance of counsel. On that point the court conducted a plenary hearing, after which the court dismissed the claim in May 1985. The Virginia Court of Appeals dismissed Bunch’s appeal for lack of jurisdiction and the Virginia Supreme Court denied Bunch’s petition in February 1988. Bunch then filed a federal habeas corpus petition which the district court dismissed in March 1990.

This appeal followed. In his habeas petition, Bunch raises numerous claims of constitutional error. We shall address his two major claims — that his confession was improperly admitted and that he was denied effective assistance of counsel — in the first two sections. We then will discuss the remaining allegations.

II.

Bunch’s first argument is that admission of his confession violated both his right to counsel and his right to remain silent. We shall address each claim in turn.

A.

The Virginia Supreme Court ruled on direct appeal that admission of Bunch’s confession did not violate his right to counsel. On collateral review, our examination of the Virginia Supreme Court’s ruling is guided by the “new rule” doctrine announced in such cases as Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989), and Butler v. McKellar, 494 U.S. 407, 110 S.Ct. 1212, 108 L.Ed.2d 347 (1990). In Teague,

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

Related

Atkins v. Clarke
E.D. Virginia, 2024
Stebbins v. United States
N.D. West Virginia, 2024
Maddox, Jr. v. United States
N.D. West Virginia, 2024
Herto v. Murphy
N.D. West Virginia, 2024
Schuppan v. Cabell
W.D. Virginia, 2024
Collier v. USA-2255
D. Maryland, 2023
Daniels v. Clark
E.D. Virginia, 2022
Mikal Mahdi v. Bryan Stirling
20 F.4th 846 (Fourth Circuit, 2021)
Jordan v. USA - 2255
D. Maryland, 2021
Tatum v. USA - 2255
D. Maryland, 2021
Labastida v. USA-2255
D. Maryland, 2021
Gee v. USA - 2255
D. Maryland, 2021
Baxam v. USA - 2255
D. Maryland, 2021
Marshall v. USA - 2255
D. Maryland, 2020
Williams v. USA - 2255
D. Maryland, 2020
Hare v. USA - 2255
D. Maryland, 2020
Cruz v. Aldrige
W.D. Virginia, 2019
United States v. Umana
707 F. Supp. 2d 621 (W.D. North Carolina, 2010)
Jackson v. United States
638 F. Supp. 2d 514 (W.D. North Carolina, 2009)
Whelchel v. Bazzle
489 F. Supp. 2d 523 (D. South Carolina, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
949 F.2d 1354, 1991 U.S. App. LEXIS 28025, 1991 WL 247916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/timothy-dale-bunch-v-charles-thompson-warden-two-cases-ca4-1991.