Wallace v. Smith

58 F. App'x 89
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 9, 2003
DocketNo. 01-1219
StatusPublished
Cited by32 cases

This text of 58 F. App'x 89 (Wallace v. Smith) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wallace v. Smith, 58 F. App'x 89 (6th Cir. 2003).

Opinion

NELSON, Circuit Judge.

This is an appeal from the denial of a petition for a writ of habeas corpus. Ralph Wallace, a Michigan prisoner serving a life sentence for first-degree murder, advances two arguments for issuance of the writ: first, that the trial court impaired his ability to present an insanity defense when it declined to order certain neurological tests, and, second, that he was denied effective assistance of counsel by sub-par performance on the part of his lawyer. The Michigan Supreme Court rejected these arguments on direct review of Mr. Wallace’s conviction. Because we conclude that the Michigan court’s decision did not represent an unreasonable application of federal law clearly established by United States Supreme Court — a prerequisite to habeas relief under 28 U.S.C. § 2254(d)(1) — we shall affirm the denial of the writ.

I

Mr. Wallace and his wife had a long history of marital difficulties. They were living separately on August 4, 1986, when they met at a tavern to discuss Wallace’s hope of taking their daughter on a fishing trip. Earlier that day Wallace had said, not for the first time, that he was going to kill his wife.

Mr. Wallace left work that afternoon feeling “rotten” about his wife and their pending divorce. Wallace — who had been treated for anxiety and depression and had a history of heavy drinking — took a prescription tranquilizer that he had obtained from a co-worker, drank “a couple” of beers at a pub, and, after going home, drank another beer or two. In his own estimation. Wallace was not intoxicated.

Mrs. Wallace telephoned him at home and asked to meet him to discuss the proposed fishing trip. Wallace agreed to meet her at the tavern. He had not carried a gun while at work or at the pub, but he took a revolver with him when he went to meet his wife.

As Mr. and Mrs. Wallace drank beer at the tavern, their conversation turned from the fishing trip to the custody battle and then to Mrs. Wallace’s sexual activity with another man. Wallace testified later that his wife began to appear larger than usual: “It looked like there was two of her real big on the wall in great big skirts moving back and forth.” He drew his revolver and shot her three times, aiming his third shot under the table after Mrs. Wallace had fallen to the floor. He then placed the gun on the bar, advised onlookers not to [91]*91worry because “it’s only my wife,” and sat down to await the police. According to the officer who arrived on the scene first, Wallace did not appear to be intoxicated. A tavern patron who had witnessed the shooting testified to the same effect.

Mr. Wallace was charged with first-degree murder and felony use of a firearm. His defense was insanity. Pursuant to an order of the trial court, Wallace was examined on three occasions in February of 1987 by Rajendra Bhama, M.D., a psychiatrist who had treated Wallace in 1982 and 1988.

In March of 1987 Wallace moved the trial court to order certain neurological tests, arguing that they would assist Dr. Bhama in his evaluation. The court denied the motion, as it appeared that at least some of the requested tests had been performed recently by others. The court indicated that it would be willing to reconsider its ruling if Wallace could produce evidence that additional tests were still needed, but Wallace did not attempt to do so.

Dr. Bhama obtained the results of the recently performed tests, considered them in his evaluation, and discussed them in his eventual report. Just before trial the court confirmed with Wallace’s attorney that Dr. Bhama had received the neurological test results that he needed.

Dr. Bhama concluded that Wallace had suffered damage to the cortex of the brain, probably as a result of chronic alcohol abuse, and that he was psychotic. The doctor further concluded that Wallace was unable to recognize reality, to appreciate the wrongfulness of his actions, or to conform his actions to what was right. Dr. Bhama found, in other words, that Wallace was legally insane under Michigan law. See Mich. Comp. Laws § 768.21a(l).

A psychiatrist and a psychologist called by the prosecution testified that in their opinion Wallace was not mentally ill when he shot his wife. The jury found Wallace guilty on both of the charges against him, and the trial court sentenced him to life in prison without possibility of parole.

The Michigan Court of Appeals affirmed the convictions on direct review. The Michigan Supreme Court likewise affirmed. The Supreme Court held that Wallace had been prejudiced neither by the trial court’s refusal to order neurological testing nor by any errors made by Wallace’s trial attorney.

Wallace then sought a writ of habeas corpus from the United States District Court for the Eastern District of Michigan, arguing that he had been denied his due process right to present a complete defense and his right to effective assistance of counsel. The district court denied the petition, and this appeal followed.

II

Reviewing the district court’s decision de novo, see, e.g., Harpster v. Ohio, 128 F.3d 322, 326 (6th Cir.1997), cert. denied, 522 U.S. 1112, 118 S.Ct. 1044, 140 L.Ed.2d 109 (1998), we must decide whether the Michigan Supreme Court’s adjudication of Mr. Wallace’s due process and ineffective assistance claims “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254(d)(1). The threshold question, under § 2254(d)(1), is whether Wallace is claiming the benefit of a rule of law that had been “clearly established” before his conviction became final. See Williams v. Taylor, 529 U.S. 362, 390, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000). As to Wallace’s claim that he was unconstitutionally denied neurological testing, we believe [92]*92that the answer to this question must be “no.”

Mr. Wallace cites several U.S. Supreme Court cases standing for the broad proposition that a criminal defendant must have “a meaningful opportunity to present a complete defense.” Among these cases are California v. Trombetta, 467 U.S. 479, 485, 104 S.Ct. 2528, 81 L.Ed.2d 413 (1984), and Crane v. Kentucky, 476 U.S. 683, 690, 106 S.Ct. 2142, 90 L.Ed.2d 636 (1986). Wallace also relies on Ake v. Oklahoma, 470 U.S. 68, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985), where the Supreme Court held that an indigent defendant whose sanity was legitimately at issue had to be provided with the assistance of a psychiatrist in preparing his defense. Ake, 470 U.S. at 74, 105 S.Ct. 1087. In none of these decisions, however, did the Supreme Court hold that an indigent defendant asserting an insanity defense must be furnished neurological testing in addition to the assistance of a psychiatrist.

Where warranted by the facts, we might be inclined to conclude that the right recognized in Ake

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58 F. App'x 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wallace-v-smith-ca6-2003.