William L. Sullivan v. James DeLoach

459 F.3d 1097, 2006 U.S. App. LEXIS 20259, 2006 WL 2255528
CourtCourt of Appeals for the Eleventh Circuit
DecidedAugust 8, 2006
Docket05-13112
StatusPublished
Cited by47 cases

This text of 459 F.3d 1097 (William L. Sullivan v. James DeLoach) 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
William L. Sullivan v. James DeLoach, 459 F.3d 1097, 2006 U.S. App. LEXIS 20259, 2006 WL 2255528 (11th Cir. 2006).

Opinions

HULL, Circuit Judge:

William L. Sullivan (“Sullivan”), an Alabama prisoner serving a life sentence for murder, appeals the district court’s denial [1099]*1099of his 28 U.S.C. § 2254 habeas corpus petition. In his § 2254 petition, Sullivan argued that he received ineffective assistance of trial counsel because his counsel failed to call Sullivan’s daughter, Renee Sullivan (“Renee”),1 to testify at his murder trial. Renee was five years old at the time of the murder and has given conflicting statements. We need not address the performance prong of Sullivan’s ineffective-assistance claim because Sullivan has so clearly failed to establish the required prejudice prong of his claim. Thus, after review and oral argument, we affirm.

I. BACKGROUND

In March 1990, Sullivan was convicted of the April 1989 murder of Michael Smith (“Smith”). At the time of Smith’s death, the defendant Sullivan and his wife Janice Sullivan (“Janice”) were separated. The victim Smith worked for defendant Sullivan’s roofing company and had lived with Sullivan and Janice for a short time. Defendant Sullivan began to suspect that Janice and Smith were romantically involved. Sullivan then kicked Smith out of their home, and Sullivan repeatedly threatened Smith. On April 21, 1989, the defendant Sullivan discovered Janice and Smith together in a public place and stabbed Smith with a screwdriver. Within the week, Janice obtained a restraining order against Sullivan and commenced divorce proceedings. One witness testified that Sullivan admitted to stabbing Smith with a screwdriver on April 21 and that after doing so, Sullivan stated that next time he would kill Smith.

Just six days later, on April 27, 1989, Janice and Smith were together at the home of Kitty Sullivan, who was Janice’s sister-in-law. The defendant Sullivan came to Kitty’s home in his truck. This time Sullivan had a knife and repeatedly stabbed Smith with the knife. Sullivan then left in his truck. Smith died at the scene even before the paramedics arrived.

At trial, defendant Sullivan admitted that he came to Kitty’s home on April 27, that he had a knife with him when he arrived, that he opened the blade on his knife after he got there, and that he stabbed Smith multiple times with his knife, killing him. Sullivan argued, however, that his stabbing and killing of Smith was in self-defense. Sullivan claimed that Smith jumped on him first. However, Sullivan admits he never saw a knife on Smith. Further, no one, including the paramedics, the police, or neighbors, found a knife on Smith or near Smith’s body at the scene.

We describe in detail the trial testimony about the events of April 27, 1989, and then explain why Sullivan has established no prejudice from Renee’s not testifying.

A. Kitty’s Testimony

The murder occurred at the home of Kitty Sullivan, who testified for the state at trial. Kitty Sullivan testified that the defendant Sullivan and his wife Janice were separated and that Janice and Smith had been seeing each other. Kitty testified that on the day Smith was killed, Janice and Smith were in her backyard when the defendant Sullivan arrived at her house. Kitty instructed her daughter Kim, who was 16 years old, to go and tell Janice and Smith that Sullivan was there. The defendant Sullivan first came inside the house. Sullivan asked Kitty where Janice was, and she indicated Janice was outside. Kitty stated that Sullivan walked to the back door and Janice met Sullivan at the back door. Kitty saw Janice and [1100]*1100Sullivan talk at the back door but did not recall the conversation. Kitty testified that Renee, Janice and Sullivan’s five-year-old daughter, was also standing at the back door as Janice and Sullivan talked.

Kitty went to her den to tell her boyfriend, David Hyatt, there might be trouble. Janice then came in the house and stated that Sullivan and Smith were fighting. Kitty sent her son next door to call the police, and Janice “grabbed the baby [Renee] and run to my daughter’s [Kim’s] room in the house.” Kitty went to the front door and saw Smith walking across the street. Kitty also saw the defendant Sullivan coming out of the backyard with blood on his shirt. Kitty walked with Sullivan to his truck, where he apologized for what happened at her house but stated that Smith was “going to learn not to mess with” Sullivan’s wife Janice.

As the defendant Sullivan drove off, Sullivan told Smith that he was not finished with him. In the meantime, Smith had fallen down, and Kitty told him the paramedics were on the way.

B. Kim’s Testimony

Kim Sullivan, Kitty’s 16-year-old daughter, testified to approximately the same sequence of events as Kitty. Kim went to the backyard to tell Janice that Sullivan was there. Kim stated that Janice then followed her in the back door, where they met the defendant Sullivan. Janice told Sullivan that they were at Kitty and David’s house and not to go in the backyard, and Sullivan responded, “I don’t care whose house we’re at.”

Kim went back into the house and did not witness the stabbing. Kim did not see Sullivan or Smith until they had left the backyard. Kim then went outside and saw that the defendant Sullivan had blood on his shirt and a knife in his right hand. Sullivan’s knife had approximately a three-inch blade and had blood on it.

Sullivan told Kim, “You tell Janice I enjoyed her being with me.” Kim then crossed the street to where Smith was and observed Sullivan driving away. Before driving away, the defendant Sullivan pointed his finger at Smith and stated that he was not done with him yet.

Kim did not notice any wounds on the defendant Sullivan. Two police officers testified that when Sullivan turned himself in to the police the day after Smith died, Sullivan had minor cuts or abrasions on his face and elbow, bruising on his arm, and a scratch across his stomach. Through W.R. Huett of the Montgomery Police Department, the State admitted photographs taken of Sullivan by Huett when Sullivan turned himself in the day after the incident. The pictures depicted a bruised area on Sullivan’s upper arm, a small, thin scratch across Sullivan’s stomach, and a scrape on the left side of Sullivan’s face. Detective Shawn Smith acknowledged that Sullivan also had an abrasion on his right elbow.

C. Smith’s Wounds

Although the defendant Sullivan had only minor cuts and left the scene, Smith was mortally wounded by Sullivan and died at the scene. Dr. James Lauridson (“Dr. Lauridson”), the state medical examiner, conducted the post-mortem examination of Smith. Dr. Lauridson testified that Smith had seven serious stab wounds and about ten other, less significant wounds, including cuts, abrasions, and bruises. Through Dr. Lauridson, the state admitted into evidence photographs of Smith’s wounds, and Dr. Lauridson testified about the depicted wounds. For example, Dr. Lauridson described “a very large gaping wound over the right side of the chest,” which “extends into the chest cavity and [1101]*1101causes a wound to the right lung.” Dr. Lauridson also described a large, gaping wound right under the right armpit, and a more superficial wound in that same area, which extended into the muscles of the chest wall.

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459 F.3d 1097, 2006 U.S. App. LEXIS 20259, 2006 WL 2255528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-l-sullivan-v-james-deloach-ca11-2006.