634 F. 2d 862 - Bryson v. State of Alabama

This is an appeal from the district court's denial of a motion filed pursuant to 28 U.S.C. § 2254 for habeas corpus relief from a conviction and sentence imposed upon Jesse William Bryson by the Alabama state courts.

In February, 1972, a Gaylesville, Alabama, general store was allegedly robbed at gunpoint of approximately $400. In November, 1974, an Alabama jury convicted Bryson of participating in the crime and sentenced him to 40 years in the state penitentiary. The conviction was affirmed on appeal. Bryson v. State, 57 Ala.App. 278, 327 So.2d 916 (Ala.Cr.App.1975), cert. denied, 295 Ala. 393, 327 So.2d 919 (1976).

In April, 1978, Bryson applied to the Northern District of Alabama for a writ of habeas corpus. He contended, as he had in state court, that he was denied due process by the state district attorney's allegedly improper reference during trial to the fact that shortly before the robbery Bryson had escaped from a Georgia penitentiary where he had been serving time for a prior conviction.1 After considering a responsive pleading by the state, which included a copy of the trial transcript and a reply by Bryson, the district court issued an opinion stating that in spite of what the court considered "a totally erroneous ruling by the trial court as to the admissibility of evidence of a previous offense," the error, in light of the overwhelming evidence of Bryson's guilt, did not render the trial fundamentally unfair, and thus did not permit an award of habeas corpus relief. The district court therefore denied the writ. The district court subsequently denied Bryson's motion for a certificate of probable cause to appeal because Bryson's efforts to perfect an appeal had not been timely made.

In September, 1979, Bryson filed another petition for habeas corpus. The district court concluded that the issue it presented was identical to the issue presented in the previous petition considered and ruled upon by the court. The court adhered to its ruling in the prior case and denied the petition without requiring the state to respond to a show cause order. See Moore v. Estelle, 526 F.2d 690, 696 (5th Cir.), cert. denied, 426 U.S. 953, 96 S.Ct. 3180, 49 L.Ed.2d 1192 (1976) (successive petitions subject to dismissal without hearing). Within thirty days Bryson filed a notice of appeal and a motion for certificate of probable cause. Finding the issue raised by the petition to be of "sufficient significance," the district court granted the motion.2

As the district court concluded, the testimony as to Bryson's prior Georgia conviction and escape elicited by the district attorney's questioning of Self was admitted in violation of state evidentiary rules.3 However, as the district court recognized, "(t)he Fifth Circuit's resistance to challenges to evidentiary matters by habeas is firmly established." Woods v. Estelle, 547 F.2d 269, 271 (5th Cir.1977). A violation of state evidentiary rules will not in and of itself invoke Section 2254 habeas corpus relief. The violation must be of such a magnitude as to constitute a denial of "fundamental fairness." Meyer v. Estelle, 621 F.2d 769, 771 (5th Cir.1980); Cronnon v. Alabama, 587 F.2d 246, 250 (5th Cir.), cert. denied, 440 U.S. 974, 99 S.Ct. 1542, 59 L.Ed.2d 792 (1979); Corpus v. Estelle, 571 F.2d 1378, 1381 (5th Cir.), cert. denied, 439 U.S. 957, 99 S.Ct. 359, 58 L.Ed.2d 350 (1978); Anderson v. Maggio, 555 F.2d 447, 451 (5th Cir.1977); Woods v. Estelle, 547 F.2d 269, 271 (5th Cir.), cert. denied, 434 U.S. 902, 98 S.Ct. 297, 54 L.Ed.2d 188 (1977); Hills v. Henderson, 529 F.2d 397, 400-01 (5th Cir.), cert. denied sub nom., Hills v. Maggio, 429 U.S. 850, 97 S.Ct. 139, 50 L.Ed.2d 124 (1976).

As a guideline to applying this criterion of fundamental fairness, this Circuit has repeatedly stated that the erroneous admission of prejudicial evidence can justify habeas corpus relief only if the error was "material in the sense of a crucial, critical, highly significant factor." Hills v. Henderson, supra, 529 F.2d at 401, quoting Corpus v. Beto, 469 F.2d 953 (5th Cir.1972), cert. denied, 414 U.S. 932, 94 S.Ct. 236, 38 L.Ed.2d 162 (1973); see Corpus v. Estelle, supra, 571 F.2d at 1381; Anderson v. Maggio, supra, 555 F.2d at 451; Woods v. Estelle, supra, 547 F.2d at 271.

In this case, as the district court concluded, the evidence of Bryson's guilt was overwhelming. Bryson was positively identified by two witnesses as a participant in the crime. Bryson v. State, supra, 327 So.2d at 916-17. Further, his alibi defense was extremely weak. See note 1, supra. Because the evidence of guilt was overwhelming, there is little question that the district court was correct in deciding that the mention of Bryson's escape from a Georgia prison was not a "crucial, critical, highly significant factor" in the jury's determination of Bryson's guilt and thus did not justify granting Bryson habeas corpus relief from his conviction. See Woods v. Estelle, supra, 547 F.2d at 271.

The district court neglected to consider, however, whether the erroneous admission of the prior conviction testimony justified granting Bryson habeas corpus relief from the sentence that was imposed upon him.4 Under Alabama law at the time of Bryson's offense and trial, "the sole authority for fixing the punishment (in robbery cases) was in the jury that determined the issue of guilt or innocence." Lamar v. State, 370 So.2d 349, 350 (Ala.Cr.App.1979); see Wilson v. State, 268 Ala. 86, 105 So.2d 66, 71 (1958).5 The Alabama courts have explained that under this law "the jury in effect wore blinders in fixing punishment. The jury was not allowed to hear evidence of a defendant's prior criminal acts ..." Ard v. State, 362 So.2d 1320, 1322 (Ala.Cr.App.1978).

Here, as a result of the erroneous evidentiary ruling, the jury improperly heard evidence of Bryson's prior criminal acts. A review of the record indicates that the fact that the jury heard such evidence was a "crucial, critical, highly significant factor" in their decision to impose on Bryson a sentence of imprisonment 30 years greater than the statutory minimum. The sentencing dimension of Bryson's trial was for this reason fundamentally unfair and Bryson is accordingly entitled to habeas corpus relief from the sentence.

We REVERSE the district court's denial of habeas corpus relief insofar as it leaves standing the petitioner's 40 years' sentence, and the case is REMANDED for further proceedings.6