Williams v. South Carolina

740 F. Supp. 1200, 1990 U.S. Dist. LEXIS 7940
CourtDistrict Court, D. South Carolina
DecidedJune 22, 1990
DocketCiv. A. No. 3:89-372-15
StatusPublished
Cited by1 cases

This text of 740 F. Supp. 1200 (Williams v. South Carolina) is published on Counsel Stack Legal Research, covering District Court, D. South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. South Carolina, 740 F. Supp. 1200, 1990 U.S. Dist. LEXIS 7940 (D.S.C. 1990).

Opinion

ORDER

HAMILTON, District Judge.

Petitioner, proceeding pro se, has brought the present action seeking habeas corpus relief pursuant to 28 U.S.C. § 2254. The matter is currently before the court upon cross-motions for summary judgment. The court has concluded that respondents’ motion for summary judgment should be granted. Rule 56, Fed.R.Civ.Proc.

In accordance with 28 U.S.C. § 636(b)(1)(B) and Local Rule 19.02(b)(2)(C), D.S.C., the matter was referred to Magistrate Henry M. Herlong, Jr., for a report and recommendation. That report and recommendation, as filed on April 11, 1990, and entered on April 12, 1990, is before the court at this time. In his report and recommendation, Magistrate Herlong recommended that respondents’ motion for summary judgment be granted. Petitioner filed objections to the magistrate’s report and recommendation on May 7, 1990.

Pursuant to 28 U.S.C. § 636(b)(1)(C), the court must make a de novo determination of those portions of the magistrate’s report and recommendation to which the petitioner has objected. Camby v. Davis, 718 F.2d 198 (4th Cir.1983). Presently, petitioner has objected to the magistrate’s report and recommendation in toto. After reviewing the record in this case, the magistrate’s report and recommendation, the petitioner’s objections thereto, and the applicable law, the court is constrained to conclude that petitioner’s objections are meritless.

The petitioner was indicted for armed robbery at the August 1985 term of Court of General Sessions for Charleston County. On December 4, 1985, he was found guilty by the jury and sentenced to twenty-five (25) years imprisonment. The petitioner was represented in that proceeding by John T. Taylor, Esquire, and Albert T. Shahid, Esquire.1

Petitioner was convicted of armed robbery for allegedly robbing at gunpoint, along with an accomplice, a Quick Stop located in Charleston County, South Carolina. According to Penny L. Teaster (Teaster), the convenience store clerk working on the night of the alleged robbery, two men entered the store, selected a six-pack of beer, and then proceeded toward Teaster who was standing behind the checkout counter. Tr. 36. Critical to the State’s case against the petitioner was Teaster’s pretrial identification of petitioner from among thirty photographs assembled by the police, as well as her in-court identification of the petitioner. Tr. 37, 120.

[1202]*1202During petitioner’s trial, the State offered the testimony of Officer Jhone Hart (Hart), an evidence technician employed by the Charleston County Police Department. In response to the Assistant Solicitor’s question as to the nature of her duties, Hart testified as follows:

I am an evidence technician. I maintain all the evidence that comes into the department. I process major crime scenes. Part of my other duties would be to pull photo lineups. We maintain the mug shot files. I also do composites.

Tr. 100. Later in her testimony, Hart testified that Teaster was only able to positively identify one photograph out of a compilation of thirty photographs of individuals with similar physical characteristics, that of the petitioner as the perpetrator of the robbery. A photo pack containing these thirty photographs was admitted into evidence by the trial court as the State’s Exhibit 17. Tr. 120.

Hart was later recalled to the stand, tr. 124, and, in response to questions by the Assistant Solicitor, explained the procedure used to develop photographic lineups. The following colloquy ensued:

Q. Is there some sort of procedure that you go through when you develop photographic lineups?
A. When an investigator comes to us with a suspect, we will pull the photo of that suspect or the detective may already have that photograph. We go into the files and look for photographs that match as closely as possible the physical characteristics of the suspect in question.
Q. How many photographs did you go through in trying to locate the five additional photographs that you used to compile that photographic lineup?
A. I didn’t make notes on it. We don’t. We pull too many lineups to make specific notes. But indicated by the mug numbers that are present, I went through at least 300 photographs in order to pull that one out.
Q. When you say indicated from the numbers, are those the numbers indicated on State’s Exhibit No. 20 marked for identification purposes only?
A. It is the mug numbers that are listed to the right of each name.

Tr. 125. It should be noted that mug numbers were referenced on State’s Exhibit 20, which was not admitted into evidence. Rather, State’s Exhibit 17 was admitted into evidence, which apparently did not reference any mug numbers. Also, Hart’s testimony makes it clear that only the additional “photographs that match as closely as possible the physical characteristics of the suspect in question” were “used to compile the photographic lineup.” Tr. 125. Hart did not attribute the police mug shot files, however, as the source for petitioner’s photograph. After Hart concluded her testimony, and the State rested its case, petitioner’s trial counsel moved for a mistrial on grounds Hart had “referred to mug numbers as being along beside the names of the persons on the list she was examining, by implication along beside the [petitioner’s] name ... as well.” Tr. 126.

Petitioner contends that Hart’s apparently inadvertent reference to the term “mug numbers” during his trial had the effect of placing his character in issue in violation of the due process clause of the fourteenth amendment. Asserting that his attorneys made numerous errors at trial, petitioner also contends that counsel were constitutionally ineffective.

Respondents argue initially, however, that petitioner did not object to the “mug numbers” testimony at trial, and thus has failed to establish sufficient cause and prejudice for his procedural default under State law. Respondents alternatively submit that, in the context of the entire record, it was not error for the trial court to admit the challenged testimony and deny petitioner's motion for a mistrial. Respondents also contend that the factual record developed in petitioner’s state post-conviction relief proceeding, which this court is ordinarily constrained to accept under 28 U.S.C. § 2254(d), reveals that his ineffective assistance claim is meritless.

The magistrate concluded that both of petitioner’s allegations were nonmeritorious. To be entitled to relief on the “mug numbers” allegation, the magistrate deter[1203]*1203mined petitioner must show that the trial court’s denial of his motion for a mistrial rendered his trial fundamentally unfair, or, alternatively, that any resulting unfairness was not harmless error.

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Related

State v. Davis
419 S.E.2d 820 (Court of Appeals of South Carolina, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
740 F. Supp. 1200, 1990 U.S. Dist. LEXIS 7940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-south-carolina-scd-1990.