Valle v. Secretary for the Department of Corrections

459 F.3d 1206, 2006 U.S. App. LEXIS 20594, 2006 WL 2327966
CourtCourt of Appeals for the Eleventh Circuit
DecidedAugust 11, 2006
DocketNo. 05-15724
StatusPublished
Cited by15 cases

This text of 459 F.3d 1206 (Valle v. Secretary for the Department of Corrections) 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
Valle v. Secretary for the Department of Corrections, 459 F.3d 1206, 2006 U.S. App. LEXIS 20594, 2006 WL 2327966 (11th Cir. 2006).

Opinion

WILSON, Circuit Judge:

Manuel Valle appeals the district court’s denial of his 28 U.S.C. § 2254 petition for writ of habeas corpus. We address the following issues: (1) whether Valle was denied the effective assistance of counsel at resentencing due to counsels’ presentation of model prisoner evidence; (2) whether Valle’s rights under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), were violated; (3) whether Valle’s rights under the Fifth and Fourteenth Amendments were violated when the trial court denied his motions to suppress incriminating statements; and (4) whether Valle was denied Due Process and Equal Protection based on the manner in which the jury was selected. After argument and consideration of the parties’ briefs and the record, we affirm.

I. Facts and Procedural History

The facts of this case, as summarized by the Florida Supreme Court, are as follows:

On April 2, 1978, Officer Louis Pena of the Coral Gables Police Department was on patrol when he stopped appellant and a companion for a traffic violation. The events that followed were witnessed by Officer Gary Spell, also of the Coral Gables Police Department. Officer Spell testified that when he arrived at the scene, appellant was sitting in the patrol car with Officer Pena. Shortly thereafter, Spell heard Pena use his radio to run a license check on the car appellant was driving. According to Spell, appellant then walked back to his car and reached into it, approached Officer Pena and fired a single shot at him, which resulted in his death. Appellant also fired two shots at Spell and then fled. He was picked up two days later in Deerfield Beach.

Valle v. State, 474 So.2d 796, 798 (Fla. 1985) (Valle II).

On April 13, 1978, Valle was indicted for the first degree murder of Pena, the attempted first degree murder of Spell, and [1210]*1210the possession of a firearm by a convicted felon. Valle v. State, 394 So.2d 1004, 1005 (Fla.1981) (per curiam) (Valle I). At trial, which began on May 8, 1978, the jury found Valle guilty of all crimes charged. Id. at 1006. The jury recommended a sentence of death, which the trial court followed. Id. Valle then appealed his convictions and death sentence, and the Florida Supreme Court reversed his convictions in 1981 after finding that Valle was denied his right to effective assistance of counsel when he was required to go to trial within 24 days after his arraignment. Id. at 1005.

After remand, Valle was again convicted of first degree murder, received a death sentence, and appealed. Valle II, 474 So.2d at 798. The Florida Supreme Court affirmed his convictions and sentence, id., but the United States Supreme Court subsequently vacated judgment and remanded the case to the Florida Supreme Court in light of Skipper v. South Carolina, 476 U.S. 1, 106 S.Ct. 1669, 90 L.Ed.2d 1 (1986).1 Valle v. Florida, 476 U.S. 1102, 106 S.Ct. 1943, 90 L.Ed.2d 353 (1986) (Valle III).

On remand, the Florida Supreme Court determined that Valle was entitled to re-sentencing because he was previously precluded from putting on the expert testimony of a clinical psychologist and two corrections consultants to show that Valle would be a model prisoner in the future, in violation of Skipper. Valle v. State, 502 So.2d 1225, 1225-26 (Fla.1987) (per cu-riam) (Valle IV). At this resentencing, the jury recommended a sentence of death by eight to four, and the court imposed the death penalty, finding that: “(1) Valle had been previously convicted of another violent felony; (2) the murder was of a law enforcement officer; (3) the murder was for the purpose of preventing lawful arrest; (4) the murder hindered the enforcement of laws; and (5) the murder was cold, calculated and premeditated.” Valle v. State, 581 So.2d 40, 43 (Fla. 1991) (per curiam) (Valle V). The judge merged factors two, three, and four, and treated them as one aggravating factor. Id. The court did not find any mitigation. Id.

After this sentencing, Valle again appealed to the Florida Supreme Court, raising a number of claims, including his claim that during jury selection, the judge failed to hold an adequate inquiry into the state’s peremptory challenges of black venire members. Id. The Florida Supreme Court rejected his claims, and Valle again appealed to the United States Supreme Court, which denied certiorari. Valle v. Florida, 502 U.S. 986, 112 S.Ct. 597, 116 L.Ed.2d 621 (1991) (Valle VI).

He then filed a motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. Valle v. State, 705 So.2d 1331, 1332 (Fla.1997) (per curiam) (Valle VII). The Florida Supreme Court remanded for an evidentiary hearing on his claim of ineffective assistance of counsel based on his assertion that his defense team unreasonably introduced model prisoner evidence. Id. at 1334. After remand, the Florida Supreme Court affirmed the trial court’s conclusion that his ineffective assistance claim based on Skipper was without merit. Valle v. State, 778 So.2d 960, 966-67 (Fla.2001) (per curiam) (Valle VIII).

Valle then filed a petition for writ of habeas corpus in state court, which was [1211]*1211denied. Valle v. Moore, 837 So.2d 905, 906 (Fla.2002) (per curiam) (Valle IX). He subsequently filed a petition for writ of habeas corpus in federal district court, which was also denied. Valle v. Crosby, 18 Fla. L. Weekly Fed. D. 1017 (2005) (Valle X). The district court granted a certificate of appealability with respect to the four issues outlined above, and this appeal followed.

II. Standard of Review

Valle filed his petition after the effective date of the Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Therefore, this case is governed by the provisions of 28 U.S.C. § 2254 as modified by the Act. Lindh v. Murphy, 521 U.S. 320, 326, 117 S.Ct. 2059, 2063, 138 L.Ed.2d 481 (1997). With respect to claims adjudicated on the merits, § 2254(d)(1) restricts the issuance of habeas relief to those cases resulting in a decision that was contrary to, or involving an unreasonable application of, clearly established federal law, as determined by the United States Supreme Court. Section 2254(d)(2) provides for ha-beas relief where the state court determination “resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.”

The AEDPA also mandates deference to state court factual determinations. Under § 2254(e)(1), a state court’s determination of a factual issue is presumed correct. One seeking habeas relief must rebut this presumption by clear and convincing evidence. § 2254(e)(1).

III. Discussion

A.

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Bluebook (online)
459 F.3d 1206, 2006 U.S. App. LEXIS 20594, 2006 WL 2327966, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valle-v-secretary-for-the-department-of-corrections-ca11-2006.