Joseph Harden v. Michael Bowersox
Opinion
The State of Missouri appeals the district court's grant of habeas corpus relief to Joseph Harden. Harden was convicted at a bench trial in Missouri state court of first-degree murder, first-degree robbery, and two counts of armed criminal action. The court sentenced him to life in prison. The Missouri Court of Appeals affirmed Harden's convictions on direct review, rejecting his claims of insufficient evidence. After exhausting remedies in state court, Harden petitioned for a writ of habeas corpus in the district court under
I.
The evidence at trial showed that on July 7, 2008, Harden picked up Danny Singletary in Dyersburg, Tennessee, and brought him to Al Harper's house in Paragould, Arkansas. Harper paid Harden seventy dollars for this favor. Singletary recalls Harden saying that he was "broke."
Later that night, the three men made their way back to Dyersburg. While they were driving through Hayti, Missouri, in the early morning hours, a police officer stopped the vehicle and arrested Singletary for driving while intoxicated. The officer released Harden and Harper.
Harden and Harper walked to a nearby automated teller machine, where Harper made withdrawals for $ 20 and $ 200 at 4:23 a.m. and 4:25 a.m., respectively. Surveillance video from the ATM shows Harper making the withdrawals in Harden's presence and giving Harden some of the cash.
Sometime between 5:30 and 6:00 a.m., a passing motorist saw two men outside Brown's Grocery, which is located about a mile from the ATM. One man was using a pay phone and the other man was sitting down. Harden acknowledged at trial that he used a pay phone outside Brown's Grocery that morning to ask a friend to come and give a ride to him and Harper.
Between 7:00 and 7:30 a.m., two passing motorists saw a shirtless man walking along the highway near a farm shop that was 250 to 300 yards from Brown's Grocery. One of the motorists observed that the man was "coming out from" the farm shop. The other motorist, who owned the farm shop, observed inch-tall letters tattooed across the upper part of the man's back. Harden has his surname tattooed in large letters across his shoulders.
When the farm shop owner arrived at his business, he found Harper's body on the ground behind the shop. Police recovered a bloodied concrete block and knife in a field near the farm shop. Forensic testing showed that the blood on both items was consistent with Harper's DNA profile. Harper's body was left with a smashed face, a cut throat, and multiple stab wounds to the chest.
Police later recovered a t-shirt, hat, and blood-stained jeans that Harden had discarded at nearby locations that morning. DNA on the t-shirt and jeans was consistent with the DNA profiles of both Harden and Harper. DNA on the hat was consistent with Harper's profile.
Police also recovered Harper's wallet from a trash can in the parking lot of Brown's Grocery. The wallet contained a debit card but no cash. Harper had used the debit card to withdraw money at the ATM during the 4:00 a.m. hour.
Harden testified in his own defense at trial. He admitted that he was present when Harper made the two ATM withdrawals and that Harper gave him $ 75 at the ATM. Harden was drawing unemployment benefits of $ 140 to $ 150 per week; he possessed only $ 15 or $ 20 when he met Singletary and Harper the night before the murder. Harden denied robbing or killing Harper.
The state trial court found Harden guilty of first-degree murder, first-degree robbery, and two counts of armed criminal action based on his use of the concrete block to commit the murder and robbery. The court acquitted Harden of two counts of armed criminal action based on allegations that he used a knife.
The Missouri Court of Appeals affirmed Harden's convictions on direct review.
State v. Harden
, No. SD30479 (Mo. Ct. App. June 17, 2011). Harden petitioned for postconviction relief in the Missouri courts, claiming ineffective assistance of counsel. The postconviction court denied the motion and the Missouri Court of Appeals affirmed.
Harden v. State
,
Harden then petitioned for a writ of habeas corpus in the district court under
II.
Under the Antiterrorism and Effective Death Penalty Act of 1996, as applicable here, a petitioner seeking habeas relief must establish that the state court's adjudication of a claim "resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States."
Under
Jackson
, there is sufficient evidence to satisfy the Due Process Clause of the Fourteenth Amendment if, "viewing the evidence in the light most favorable to the prosecution,
any
rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt."
The first-degree robbery charge alleged that Harden forcibly stole Harper's wallet and caused serious physical injury to Harper in the course of doing so.
See
In resolving the direct appeal, the Missouri Court of Appeals pointed to several pieces of circumstantial evidence. Harden , No. SD30479, at 7-9. Harden was present when Harper withdrew $ 220 from the ATM. Harper gave some, but not all, of this money to Harden. About an hour after the ATM withdrawals, Harden and Harper were seen together outside Brown's Grocery. Later that morning, a shirtless man matching Harden's description was seen walking along the highway near a farm shop. Soon thereafter, Harper's body was discovered behind the farm shop, only a few hundred yards from Brown's Grocery. Harper's wallet, empty of cash, was recovered from a trash can in the parking lot of Brown's Grocery. The record also showed that Harden lived off meager unemployment income and told Singletary he was "broke."
This circumstantial evidence suggests that Harden knew of the cash in Harper's wallet and had motive and an opportunity to steal the wallet. It is undisputed at this juncture that Harden murdered Harper. Harper's empty wallet was recovered near the murder scene. The trial court inferred from the circumstances that Harden caused serious injury to Harper in the course of stealing his wallet. The question for the Missouri Court of Appeals was whether any rational trier of fact could make this inference. The decision of the court of appeals to uphold the trial court's finding was not an objectively unreasonable application of Jackson .
In reaching a contrary conclusion, the district court said the State "failed to present any evidence of a nexus between the violence and the stealing." The court contrasted this case with the evidence in two other Missouri cases where the state supreme court held the evidence was sufficient to support a conviction for first-degree robbery. In
State v. Rhodes
,
There are two principal difficulties with this analysis.
Rhodes
and
Weems
might have been stronger cases than this one, but neither establishes that an admission by the defendant or direct evidence of intent is required to prove a robbery case. Circumstantial evidence is just as probative as any other type of evidence,
Garrison v. Burt
,
* * *
The judgment of the district court is reversed.
Reference
- Full Case Name
- Joseph HARDEN, Petitioner - Appellee, v. Jeff NORMAN, Respondent - Appellant.
- Status
- Published