Summary
noting district courts' discretion regarding whether to raise the issue of procedural default sua sponte
Summary of this case from Best v. United StatesOpinion
Case No. 1:06CR00001.
05-04-2015
UNITED STATES of America v. Carlos David CARO, Defendant.
Anthony P. Giorno, Acting United States Attorney, and Jean B. Hudson, Assistant United States Attorney, Roanoke and Charlottesville, VA, for United States. Dale A. Baich and Robin C. Konrad, Assistant Federal Public Defenders, Office of the Federal Public Defender, Phoenix, AZ, and Fay F. Spence and Brian J. Beck, Assistant Federal Public Defenders, Roanoke and Abingdon, VA, for Defendant.
Anthony P. Giorno, Acting United States Attorney, and Jean B. Hudson, Assistant United States Attorney, Roanoke and Charlottesville, VA, for United States.
Dale A. Baich and Robin C. Konrad, Assistant Federal Public Defenders, Office of the Federal Public Defender, Phoenix, AZ, and Fay F. Spence and Brian J. Beck, Assistant Federal Public Defenders, Roanoke and Abingdon, VA, for Defendant.
OPINION
JAMES P. JONES, District Judge.
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TABLE OF CONTENTS |
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| I. | Background | 823 |
| II. | Standards of Review | 828 |
| III. | Analysis | 829 |
| A. | Claim I: Strategic Delay of the Indictment | 829 | |
| B. | Claim II: Deprivation of Effective Assistance of Counsel at the Death Certification Stage | 831 | |
| C. | Claim III: Juror Misconduct | 832 | |
| D. | Claim IV: Ineffective Assistance of Counsel During Guilt /Innocence Phase | 834 |
| 1. | Cohesive Theory of Defense | 834 | ||
| 2. | Impeachment of Sean Bullock | 835 | ||
| 3. | Prison Culture and Cell Placement | 836 | ||
| 4. | Self Defense, Second–Degree Murder, or Manslaughter | 837 | ||
| 5. | Cumulative Error | 837 |
| E. | Claim V: Brady Violations Concerning Bullock | 838 | |
| F. | Claim VI: Ineffective Assistance of Counsel During Penalty Phase | 838 |
| 1. | Failure to Challenge Delay of Indictment | 838 | ||
| 2. | Failure to Develop A Compelling Mitigation Story | 838 | ||
| 3. | Failure to Challenge Government's Evidence that Caro was a Gang Leader | 841 | ||
| 4. | Failure to Challenge Government's Evidence Regarding BOP's Ability to Control Improper Inmate Communications | 841 | ||
| 5. | Failure to Present Evidence on Prison Culture and Statements of Remorse | 842 | ||
| 6. | Failure to Challenge Conviction for Conspiracy to Commit Murder Related to Benavidez Assault | 843 | ||
| 7. | Failure to Present Skipper Evidence | 843 | ||
| 8. | Failure to Present Evidence of BOP Negligence Regarding Decision to Place Sandoval in Caro's Cell | 844 | ||
| 9. | Failure to Object to Government's Evidence on Specific Instances of Violence by Persons Other than Caro | 845 | ||
| 10. | Failure to Object to Improper Arguments During Government's Closing | 845 | ||
| 11. | Failure to Move to Strike Sleeping Juror | 846 | ||
| 12. | Cumulative Error | 847 |
| G. | Claim VII: Brady Violations Concerning Future Dangerousness | 847 |
| 1. | BOP Housing Information | 847 | ||
| 2. | Information on Caro's Status as a Gang Leader | 851 |