Washington v. Roberts

846 F.3d 1283, 2017 WL 455288
CourtCourt of Appeals for the Tenth Circuit
DecidedJanuary 9, 2017
Docket15-3097
StatusPublished
Cited by6 cases

This text of 846 F.3d 1283 (Washington v. Roberts) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Washington v. Roberts, 846 F.3d 1283, 2017 WL 455288 (10th Cir. 2017).

Opinions

HARTZ, Circuit Judge.

Marcus Washington seeks to set aside his state-court murder conviction. We granted a certificate of appealability (COA) so that he could appeal the denial of four claims raised in his application for relief under 28 U.S.C. § 2254. See 28 U.S.C. 2253(c)(1)(A) (requiring COA to appeal denial of relief under § 2254). These claims are: (1) the State exercised peremptory jury challenges against African Americans in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986); (2) his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), were violated by the use of statements he made while in custody; (3) his trial attorney was ineffective in not calling him as a witness on the Miranda issue to show that he was in custody; and (4) the prosecutor’s closing argument improperly challenged his mental-disease defense. The United States District Court for the District of Kansas rejected Mr. Washington’s claims and dismissed his petition. Exercising jurisdiction under 28 U.S.C. §§ 1291 and 2253, we affirm.

I. BACKGROUND

Mr. Washington was convicted by a Kansas jury on one count of first-degree premeditated murder and one count of criminal possession of a firearm arising out of the January 16, 2000 shooting of Stacey Quinn. He was sentenced on the murder conviction to life without the possibility of parole for 50 years and to a concurrent lesser term on the firearm conviction.

On direct appeal the Kansas Supreme Court affirmed the convictions but remanded to the trial court for resentencing. See State v. Washington, 275 Kan. 644, 68 P.3d 134 (2003). The trial court reimposed the original sentence. Mr. Washington unsuccessfully appealed, see State v. Washington, 280 Kan. 565, 123 P.3d 1265 (2005), and the United States Supreme Court denied a petition for certiorari, see 549 U.S. 1018, 127 S.Ct. 552, 166 L.Ed.2d 408 (2006).

II. STANDARD OF REVIEW

We review § 2254 applications under the standards set forth in the Anti-terrorism and Effective Death Penalty Act of 1996 (AEDPA). A petitioner is entitled to relief if the state court’s decision 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), or “was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding,” id. § 2254(d)(2). “Clear[1287]*1287ly established law is determined by the United States Supreme Court, and refers to the Court’s holdings, as opposed to the dicta.” Lockett v. Trammel, 711 F.3d 1218, 1231 (10th Cir. 2013) (internal quotation marks omitted). Only Supreme Court law announced by the time of the state-court decision on the merits qualifies as “clearly established law.” See Greene v. Fisher, 565 U.S. 34, 132 S.Ct. 38, 42, 44, 181 L.Ed.2d 336 (2011). A state court’s decision is “contrary to” clearly established law if the state court reaches a conclusion “opposite to that reached by the Supreme Court on a question of law” or “decides a case differently than the Court has ... on materially indistinguishable facts.” Dodd v. Trammell, 753 F.3d 971, 982 (10th Cir. 2013) (brackets and internal quotation marks omitted). A state court’s decision is an “unreasonable application” of Supreme Court law if “the state court identifies the correct governing legal principle ... but unreasonably applies that principle to the facts of the prisoner’s ease.” Id. (internal quotation marks omitted).

III. BATSON CLAIM

In Batson v. Kentucky, 476 U.S. 79, 84, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), the United States Supreme Court held that the Equal Protection Clause of the Fourteenth Amendment forbids the purposeful exclusion of a potential juror on account of race. It created a three-step framework to determine whether a peremptory strike was impermissible. First, the defendant must make a prima facie case of discrimination by presenting evidence supporting an inference that the prosecutor exercised the peremptory challenge to exclude a potential juror on the basis of race. See id. at 96-97, 106 S.Ct. 1712. If the defendant makes this showing, the burden shifts to the prosecution to provide a race-neutral justification for the strike. See id. at 97-98, 106 S.Ct. 1712. If the prosecution does so, the court must determine whether purposeful discrimination occurred. See id. at 98, 106 S.Ct. 1712.

Our resolution of Mr. Washington’s claim is highly dependent on the standard of review required by AEDPA. If we were to review the same claim on direct appeal from a federal conviction, reversal would be likely because of the record evidence that at least one peremptory challenge was substantially motivated by race. See Snyder v. Louisiana, 552 U.S. 472, 485, 128 S.Ct. 1203, 170 L.Ed.2d 175 (2008) (if “a peremptory strike [is] shown to have been motivated in substantial part by discriminatory intent,” then the strike can be sustained only by a showing that the factor was not determinative, and even such a showing may not suffice). But under AED-PA our role is quite limited. We proceed to describe the relevant proceedings at trial and on appeal, determine what standard was applied by the Kansas Supreme Court to resolve the Batson issue, analyze whether that standard was contrary to clearly established United States Supreme Court precedent, and then determine whether the standard was unreasonably applied. We will conclude as follows: The test applied by the Kansas Supreme Court forbids only peremptory challenges that are solely on account of race. That test was not contrary to clearly established United States Supreme Court precedent when the Kansas court ruled. And we cannot say that this test was unreasonably applied because the Kansas courts reasonably found that each peremptory strike was supported by a nonracial justification.

A. The Voir Dire

At Mr. Washington’s trial the prosecutor used 10 of her 12 peremptory strikes to exclude African American prospective jurors. The jury ultimately was comprised of two African Americans, one Asian Ameri[1288]*1288can, one Native American, and eight whites. After jury selection Mr. Washington raised a Batson challenge. In this court he has questioned the striking of five African American members of the jury panel: Ms. Spratt, Ms. Hodges, Ms. Bullock, Mr. Brantley, and Ms. Powers,

Ms. Spratt and Ms.

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Bluebook (online)
846 F.3d 1283, 2017 WL 455288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-v-roberts-ca10-2017.