Tommy Lee Waldrip v. Carl Humphrey

532 F. App'x 878
CourtCourt of Appeals for the Eleventh Circuit
DecidedAugust 21, 2013
Docket11-11928
StatusUnpublished
Cited by6 cases

This text of 532 F. App'x 878 (Tommy Lee Waldrip v. Carl Humphrey) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tommy Lee Waldrip v. Carl Humphrey, 532 F. App'x 878 (11th Cir. 2013).

Opinions

PER CURIAM:

Tommy Lee Waldrip appeals the district court’s denial of his petition for habeas corpus after being convicted and sentenced to death for the murder of Keith Evans.1 The district court granted a Certificate of Appealability (COA),2 which we expanded to include the following issues:

1. Is petitioner’s Summary Report Brady [v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963),] claim procedurally defaulted and if it is not, was the Georgia Supreme Court’s determination that the Summary Report [prepared by Assistant District Attorney (ADA) Raymond George] was inadmissible hearsay and would not lead to admissible evidence an incorrect or unreasonable application of federal law?
2. Whether the state court’s decision that petitioner’s constitutional rights were not violated under Edwards v. Arizona, 451 U.S. 477[, 101 S.Ct. 1880, 68 L.Ed.2d 378] (1981), is an unreasonable application of federal law.
3. Whether the state court’s decision that petitioner’s custodial confessions were not involuntary is an unreasonable application of federal law.
4. Was the state court’s decision that petitioner’s Mai counsel was not constitutionally ineffective for failing to present appropriate mitigating evidence at the sentencing phase an incorrect or unreasonable application of federal law?

I. BACKGROUND

A. Facts

On the evening of April 13, 1991, two days before he was scheduled to testify in an unrelated armed robbery trial against Waldrip’s son, John Mark Waldrip, Keith Evans did not return home from work. Around midnight, Evans’s unoccupied truck was found burning in a remote area. A current automobile insurance card for a Ford Tempo, registered in the name of Waldrip’s wife, was found near the burning vehicle.

[880]*880On April 14, 1991, Georgia Bureau of Investigation (GBI) Special Agent Jimmy Berry and Dawson County Sheriff Randy Chester — a close, personal friend of the Evans family — interviewed Waldrip and his wife at their home. Police questioned Waldrip about his whereabouts without issuing any warnings pursuant to Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Later that day, while executing a search warrant on the Ford Tempo, Berry and former ADA George again asked Waldrip for information about the Evans disappearance. Waldrip requested counsel, and no further questioning occurred.

On April 16, 1991, law enforcement arrested Waldrip for an unrelated probation violation and transported him to the Dawson County Jail. Berry read Waldrip his Miranda rights, gave Waldrip a form listing those rights, and obtained a waiver. Berry then questioned Waldrip for 15 to 20 minutes. Waldrip did not request an attorney, but invoked his right to remain silent and the interview ended. However, according to a Summary Report — written by former ADA George, and which was not disclosed to the defense until Waldrip’s state post-conviction proceedings — Sheriff Chester allegedly interviewed Waldrip minutes after he arrived at the jail but prior to his interview with Berry. The Summary Report stated that Waldrip requested counsel during that April 16 interview with Sheriff Chester at the jail.3

On April 17, 1991, while Waldrip was in custody, a visibly upset and tearful Sheriff Chester went to Waldrip’s cell. Without administering Miranda warnings, Sheriff Chester asked about the location of Evans’s body.4 Waldrip remained silent, and Sheriff Chester left Waldrip’s cell.5 Around 8:30 a.m. the next morning, Waldrip asked to speak to Sheriff Chester. When the Sheriff arrived, Waldrip divulged the general location of Evans’s body. At no point during the exchange did Sheriff Chester administer' any Miranda warnings.

Approximately two hours later, GBI Special Agent Tim Attaway went to Waldrip’s cell. After receiving Miranda warnings and executing a waiver, Waldrip led authorities to the location of Evans’s body and, later, to the location of the shotgun used in the murder. During further interrogations conducted on April 18, 1991, and after receiving Miranda warnings and waiving his rights each time, Waldrip eventually confessed that he, John Mark, and Howard Livingston, Waldrip’s brother-in-law, shot Evans, beat him to death, buried him in a shallow grave, and burned his truck. On April 19, 1991, after receiving Miranda warnings and waiving his rights, Waldrip gave a conflicting statement that John Mark and Livingston murdered Evans and burned his truck, and that he was merely a bystander. In a third Mirandized statement given on April 22, 1991, Waldrip again stated that all three individuals participated in the crimes.

B. Procedural History

On May 10, 1991, after attorneys J. Richardson Brannon and Anne Watson [881]*881were appointed as counsel,6 Waldrip moved to suppress his post-arrest statements on the grounds that, inter alia, law enforcement violated his Miranda rights and that mental illness prevented him from competently executing a waiver. On June 29, 1998, the trial court ruled that Waldrip’s pr e-Miranda statements to Sheriff Chester and the directions to the location of Evans’s body were inadmissible, but that Waldrip’s post-Miranda statements to Agent Attaway and the other GBI agents during the April 18-22 interrogations were voluntary and not coerced, and therefore admissible. In a joint interim appeal to the Georgia Supreme Court, Waldrip again challenged the voluntariness of his statements on mental illness grounds, and claimed that the state’s repeated Miranda violations and coercive tactics undermined his ability to effectuate a voluntary waiver. The Georgia Supreme Court affirmed the denial of relief for the same reasons articulated by the trial court. See Livingston v. State, 264 Ga. 402, 444 5. E.2d 748, 754 (1994).

After a five-day hearing on September 12-16, 1991 — at which prosecution mental health experts, as well as defense psychological expert Dr. John Currie, testified — a jury found Waldrip competent to stand trial. During the guilt phase, Dr. Currie again testified about Waldrip’s mental health issues; however, the jury found Waldrip guilty. During the penalty phase, Watson presented eight friends and family members as character witnesses, but did not present any mental health evidence. The jury sentenced him to death. On direct appeal, the Georgia Supreme Court affirmed Waldrip’s conviction and death sentence. Waldrip v. State, 267 Ga. 789, 482 S.E.2d 299, 813 (1997). The United States Supreme Court denied certiorari. Waldrip v. Georgia, 522 U.S. 917, 118 S.Ct. 305, 139 L.Ed.2d 235 (1997).

Waldrip filed a petition for writ of habeas corpus in state court on March 17,1998, alleging, inter alia, Brady and voluntariness violations, as well as ineffective assistance of counsel.

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Related

Barrow v. Gordy
N.D. Alabama, 2021
Waldrip v. Humphrey
134 S. Ct. 2672 (Supreme Court, 2014)
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750 F.3d 1226 (Eleventh Circuit, 2014)

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532 F. App'x 878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tommy-lee-waldrip-v-carl-humphrey-ca11-2013.