Walter Leroy Moody, Jr. v. Commissioner, Alabama Department of Corrections

682 F. App'x 802
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 16, 2017
Docket15-11809
StatusUnpublished
Cited by4 cases

This text of 682 F. App'x 802 (Walter Leroy Moody, Jr. v. Commissioner, Alabama 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
Walter Leroy Moody, Jr. v. Commissioner, Alabama Department of Corrections, 682 F. App'x 802 (11th Cir. 2017).

Opinions

PER CURIAM:

In 1991, a federal jury convicted Walter Leroy Moody, Jr. of 71 charges related to the pipe-bomb murders of United States Circuit Judge Robert S. Vance and civil rights attorney Robert E. Robinson. We affirmed Mr. Moody’s convictions and sentences (seven consecutive life terms plus 400 years, to be served concurrently) in United States v. Moody, 977 F.2d 1425 (11th Cir. 1992).

Months after his federal trial ended, an Alabama grand jury indicted Mr. Moody on two counts of capital murder (for the death of Judge Vance) and one count of assault in the first degree (for injuries suffered by Judge Vance’s wife). Mr. Moody represented himself at his state trial, which took place in October of 1996. The jury found him guilty as charged and recommended a sentence of death for the murders. The state trial court followed the jury’s recommendation and sentenced Mr. Moody to death. The Alabama Court of Criminal Appeals affirmed, and the Alabama Supreme Court denied certiorari. See Moody v. State, 888 So.2d 532 (Ala. Cr. App. 2003), cert. denied, 888 So.2d 605 (Ala. 2004).

Following the denial of his state post-conviction motion, see Moody v. State, 95 So.3d 827 (Ala. Cr. App. 2011), Mr. Moody sought federal habeas corpus relief pursuant to 28 U.S.C. § 2254. After we rejected Mr. Moody’s contention that all judges in the Eleventh Circuit had to recuse from his § 2254 proceedings, see In re Moody, 755 F.3d 891 (11th Cir. 2014), the district court denied habeas relief in a thorough 189-page opinion. See Moody v. Thomas, 89 F.Supp.3d 1167 (N.D. Ala. 2015).

We granted a certificate of appealability on a single issue: whether Mr. Moody knowingly and voluntarily waived his Sixth Amendment right to counsel at his state trial. With the benefit of oral argument, and following review of the record, we conclude that the conclusion of the Alabama Court of Criminal Appeals that Mr. Moody knowingly and voluntarily waived his right to counsel was not contrary to, or an unreasonable application of, clearly established federal law as determined by the United States Supreme Court. See 28 U.S.C. § 2254(d).1

I

“The Sixth and Fourteenth Amendments of our Constitution guarantee that a person brought to trial in any state or federal court must be afforded the right to the assistance of counsel before he can be validly convicted and punished by impris[804]*804onment.” Faretta v. California, 422 U.S. 806, 807, 96 S.Ct. 2525, 45 L.Ed.2d 562 (1975). This “right to the assistance of counsel implicitly embodies a correlative right to dispense with a lawyer’s help.” Id. at 814, 95 S.Ct. 2525 (quotation marks and citation omitted). See also id. at 832-38, 95 S.Ct. 2525 (grounding right to self-representation in the Sixth Amendment).

A defendant who “manages his own defense ... relinquishes, as a purely factual matter, many of the traditional benefits associated with the right to counsel[.]” Id. at 835, 95 S.Ct. 2525. As a result, any waiver of the right to counsel must be “knowing, voluntary, and intelligent.” Iowa v. Tovar, 541 U.S. 77, 88, 124 S.Ct. 1379, 158 L.Ed.2d 209 (2004) (citation omitted). The defendant “should be made aware of the dangers and disadvantages of self-representation, so that the record will establish that he knows what he is doing and his choice is made with eyes open.” Faretta, 422 U.S. at 835, 95 S.Ct. 2525 (quotation marks and citation omitted).

“The determination of whether there has been an intelligent waiver of right to counsel must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.” Johnson v. Zerbst, 304 U.S. 458, 464, 58 S.Ct. 1019, 82 L.Ed. 1461 (1938). “[C]ourts indulge every reasonable presumption against waiver” and “do not presume acquiescence in the loss of fundamental rights.” Id. (quotation marks, footnotes, and citations omitted). Nevertheless, “it is possible for a valid waiver of counsel to occur not only when a cooperative defendant affirmatively invokes his right to self-representation, but also when an uncooperative defendant rejects the only counsel to which he is constitutionally entitled, understanding his only alternative is self-representation with its many attendant dangers.” United States v. Garey, 540 F.3d 1253, 1265 (11th Cir. 2008) (en banc).

II

In his direct appeal, Mr. Moody did not challenge the trial court’s decision to permit him to represent himself at trial pursuant to Faretta. He did, however, argue that the trial court erred in refusing to grant him, after voir dire examination of the jurors had begun, a 12- to 18-month continuance so that he could obtain the services of two new attorneys who had expressed an interest in representing him. In analyzing the propriety of the trial court’s denial of a continuance, the Alabama Court of Criminal Appeals sua sponte examined whether Mr.’ Moody had waived counsel prior to requesting the continuance. It reasoned that “if [Mr.] Moody never validly waived his right to counsel— and if [he] had arrived at trial without having been afforded the full protections of the Sixth Amendment—it would have been error for the trial court to have commenced the proceedings and to have required [Mr.] Moody to proceed through the trial without the aid of a lawyer.” Moody, 888 So.2d at 554.

The Court of Criminal Appeals began by thoroughly recounting the events “that culminated in [Mr.] Moody’s proceeding through his trial without the aid of a lawyer.” Id. at 546. Mr. Moody “first expressed his desire to proceed pro se in a motion filed on July 25, 1994, after he had asserted an unambiguous lack of confidence in the performance of his court-appointed attorneys.” Id. at 554. After his request to proceed pro se was granted at a hearing on August 2, 1994, the Court of Criminal Appeals found Mr. Moody “steadfastly reaffirmed his desire to proceed pro se, until toward the end of the first day of voir dire examination.” Id. at 556.

[805]*805As the Court of Criminal Appeals explained, the trial court held two “lengthy colloquies” with Mr. Moody—one on August 2,1994, and another on May 7,1996— “during which it explicitly warned [Mr.] Moody of the perils of going forward without counsel,” and made multiple inquiries over the course of the proceedings to determine whether Mr. Moody was “standing by his request to proceed pro se.” Id. at 554-56. It also noted that Mr, Moody— who had been a party in 63 other legal proceedings (civil and criminal) and had proceeded pro se for all or part of about 35 of those proceedings—was “not a novice.” Id. at 555.

The Court of Criminal Appeals assumed that Mr. Moody’s original motivation for moving to proceed pro se was dissatisfaction with the performance of his appointed counsel, but nonetheless concluded that Mr.

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682 F. App'x 802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walter-leroy-moody-jr-v-commissioner-alabama-department-of-corrections-ca11-2017.