Turpin v. Christenson

497 S.E.2d 216, 269 Ga. 226
CourtSupreme Court of Georgia
DecidedMarch 16, 1998
DocketS97A1435, S97X1438
StatusPublished
Cited by37 cases

This text of 497 S.E.2d 216 (Turpin v. Christenson) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Turpin v. Christenson, 497 S.E.2d 216, 269 Ga. 226 (Ga. 1998).

Opinions

Thompson, Justice.

Scott Lynn Christenson was convicted of murder and armed robbery in 1990, and sentenced to death. This Court affirmed Christen-son’s convictions in Christenson v. State, 261 Ga. 80 (402 SE2d 41) (1991) (“Christenson F), but remanded to the trial court to determine if the State had a good faith basis for some of its cross-examination questions during the sentencing phase and to conduct a JacksonDenno hearing on the admissibility of a custodial statement introduced in the sentencing phase. The United States Supreme Court denied Christenson’s petition for certiorari. Christenson v. Georgia, 502 U. S. 855 (112 SC 166, 116 LE2d 130) (1991). In Christenson v. State, 262 Ga. 638 (423 SE2d 252) (1992) (“Christenson II), this Court affirmed Christenson’s death sentence. Christenson’s petition [227]*227for certiorari was again denied. Christenson v. Georgia, 508 U. S. 927 (113 SC 2388, 124 LE2d 291) (1993).

In 1995 Christenson filed this habeas action, raising numerous claims, including ineffective assistance of counsel. The habeas court ruled that many of Christenson’s claims were not subject to habeas review because they had been addressed on direct appeal, and that many other claims had been procedurally defaulted. The habeas court, however, vacated Christenson’s death sentence because his trial counsel had been ineffective in the preparation for and the conduct of the sentencing phase. The State appeals the habeas court’s vacation of the sentence, Case No. S97A1435, and Christenson cross-appeals the habeas court’s affirmance of his conviction, Case No. S97X1438. We affirm.

The factual background for Christenson’s conviction and sentence is set out in Christenson I, supra at (1). Briefly summarized, the evidence adduced at trial showed that the victim, Albert L. Oliver III, was last seen driving his Toyota sports utility vehicle, with Chris-tenson in the passenger’s seat, on July 6, 1989. Christenson was arrested for stealing gas in Lonoke, Arkansas, on July 7, 1989. He was alone and driving Oliver’s vehicle. There were bloodstains in the vehicle and on some of Christenson’s clothes. After Oliver’s body was discovered near Columbus, Georgia, Christenson admitted to killing Oliver in four separate statements: a written statement, two audio-taped statements, and a videotaped statement which included Chris-tenson’s reenactment of the crime. According to his statements, Christenson hitched a ride with Oliver (with whom he was acquainted), tried to take his vehicle at gunpoint, struggled with Oliver for the weapon, and shot Oliver and dumped his body in a rural area.

Claims That Are Barred

1. Christenson raised numerous claims of alleged prosecutorial misconduct in his habeas petition regarding both the guilt/innocence and sentencing phases of his trial. He claimed the prosecutor made improper closing arguments, including comments regarding Chris-tenson’s lack of remorse, Christenson’s failure to testify, prejudicial matters outside the record, the prosecutor’s personal and religious beliefs, and the impact of the crime on the victim’s family. In addition, Christenson claimed prosecutorial misconduct because the State questioned mitigation witnesses about Christenson’s prior offenses without providing Christenson with pretrial notice of the intent to raise these offenses in the penalty phase.

The habeas court correctly ruled that these claims are barred. It is well settled that “[ajfter an appellate review the same issue[ ] will [228]*228not be reviewed on habeas corpus.” Elrod v. Ault, 231 Ga. 750 (204 SE2d 176) (1974). Issues which were raised and decided on direct appeal cannot be reasserted in habeas corpus proceedings. Gunter v. Hickman, 256 Ga. 315 (1) (348 SE2d 644) (1986); Gaither v. Gibby, 267 Ga. 96 (2) (475 SE2d 603) (1996). This Court has already considered the existence of error in the State’s closing arguments on direct appeal and ruled adversely to Christenson. Christenson I, supra at (7). In addition, the State’s questions in the penalty phase regarding Christenson’s prior offenses were previously addressed by this Court and found to be proper. Christenson II, supra at (2). We find no error.

2. Christenson alleges that the trial court erred by refusing to charge the jury on voluntary manslaughter. This claim was addressed on direct appeal and this Court held that the evidence did not support a charge on voluntary manslaughter. Christenson I, supra at (6). Therefore, this habeas claim is barred. Gunter, supra; Elrod, supra.

3. Christenson claims that the trial court erred by failing to exclude questions about Christenson’s prior offenses and to prevent improper comments by the State during closing argument. These habeas claims were also characterized by Christenson as prosecu-torial misconduct in Division 1 and are barred for the same reason: they were litigated on direct appeal. Id.

4. Christenson alleges the trial court erred by denying him funds to retain a psychiatrist. This claim was considered on direct appeal and this Court ruled adversely to Christenson. Christenson I, supra at (1) (c). Therefore, this habeas claim is barred. Gunter, supra; Elrod, supra.

5. This Court previously held that Christenson’s custodial statements were voluntary and admissible. Christenson I, supra at (3). The State also introduced a custodial statement made by Christen-son, after a prior arrest for car theft, as evidence in aggravation. This Court remanded for a Jackson-Denno hearing on the admissibility of this statement, Christenson I, supra at (9), and later held that the statement was admissible. Christenson II, supra at (2). Since the admissibility of these statements was already addressed on direct appeal, a habeas claim on these grounds is barred. Gunter, supra; Elrod, supra.

6. Christenson’s habeas complaints regarding the qualification of prospective jurors were addressed on direct appeal and, accordingly, are barred. Christenson I, supra at (4); id.

7. The failure of the trial court to conduct a Batson inquiry was addressed on direct appeal. Christenson I, supra at (5). Therefore, this claim is barred. Gunter, supra; Elrod, supra.

8. This Court has previously determined that Christenson’s [229]*229death sentence was not disproportionate to other death sentences. Christenson II, supra at (3).

Claims That Are Procedurally Defaulted

9. Christenson complains in his habeas corpus petition about several alleged instances of prosecutorial misconduct which were not addressed on direct appeal. Specifically, Christenson claims that the prosecutor should have recused himself due to prior dealings with Christenson, that he improperly commented on several matters outside the evidence, and that he mischaracterized the evidence during cross-examination. Christenson could have raised these issues on direct appeal but he failed to do so. In Georgia, the failure to raise an error timely generally waives a habeas claim unless the petitioner can meet the cause and prejudice test:

[A] failure to make timely objection to any alleged error or deficiency or to pursue the same on appeal ordinarily will preclude review by writ of habeas corpus.

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Bluebook (online)
497 S.E.2d 216, 269 Ga. 226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turpin-v-christenson-ga-1998.