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State v. Middlebrooks
Citations: 995 S.W.2d 550; 1999 Tenn. LEXIS 351; 1999 WL 450879Docket: 01S01-9802-CR-00017
Court: Tennessee Supreme Court; July 6, 1999; Tennessee; State Supreme Court
Original Court Document: View Document
The Supreme Court of Tennessee reviewed the case of Donald Ray Middlebrooks, who received a death sentence for first-degree murder following a resentencing hearing. Initially convicted of felony murder, Middlebrooks was sentenced to death based on two aggravating circumstances: the murder's heinous nature involving torture and the fact that it occurred during the commission of a felony. However, the latter aggravating circumstance was deemed unconstitutional as it duplicated the felony murder charge, failing to narrow the class of death-eligible defendants. At the resentencing hearing, the jury again sentenced Middlebrooks to death, solely relying on the aggravating circumstance of heinousness. The Court of Criminal Appeals affirmed this sentence, and the Supreme Court later addressed three key issues: the constitutionality of the aggravating circumstance, potential due process violations in the prosecutor's closing argument, and the proportionality of the death sentence. After thorough review, the Supreme Court found no errors that impacted the jury's sentencing decision. It confirmed that the evidence supported the jury's sentence and concluded that the aggravating circumstance was constitutionally applied. The court ultimately affirmed the death sentence by electrocution. The factual context included the murder incident on April 26, 1987, involving Middlebrooks and his associates, during which a confrontation with the victim occurred. Donald Middlebrooks and Brewington pursued Majors and other boys, leading to Majors being physically assaulted. Witness Shannon Stewart observed Brewington grabbing Majors and Middlebrooks striking him while using a racial slur. Following the incident, Majors’ mother contacted the police after hearing from the boys who escaped. The next day, Majors was discovered deceased in a creek bed, exhibiting severe injuries including multiple bruises, lacerations, and signs of sexual assault. The autopsy determined that Majors died from a stab wound to the chest, and he had been conscious for part of the time while suffering injuries, which occurred over a span of five to thirty minutes. Brewington later informed the police about the involvement of himself, Donald Middlebrooks, and Tammy Middlebrooks in the murder, providing a bloodstained knife used in the crime. Middlebrooks, upon arrest, confessed on video, portraying Brewington as the instigator who inflicted severe physical and psychological torture on Majors, including threats and derogatory remarks. Both Brewington and Middlebrooks faced charges of murder, with Brewington convicted of first-degree murder, aggravated kidnapping, and armed robbery, receiving a life sentence along with additional years. Due to his status as a minor, Brewington was ineligible for the death penalty. Tammy Middlebrooks pleaded guilty to first-degree murder and also received a life sentence. Middlebrooks confessed in a videotaped statement that he stabbed fourteen-year-old Majors once and struck him with a switch, claiming both he and Brewington participated in the stabbing. Initially, he had stated he was solely responsible for both stab wounds and expressed that he continued the attack out of fear of Brewington and a desire to appear "cooler." Majors, described as a small, non-violent good student, has caused significant distress to his family since his murder; his mother has suffered health issues and emotional trauma, while his older brother experiences guilt and mood swings. Witness Shannon Stewart testified that Middlebrooks expressed racist beliefs and verbally abused Majors before the murder. The defense presented mitigation evidence regarding Middlebrooks' troubled childhood in Texas, highlighting the trauma of losing his father, his mother's multiple relationships, and instances of familial sexual abuse. Middlebrooks exhibited behavioral issues, leading to institutionalization and multiple prison sentences. Dr. Jeffrey L. Smalldon evaluated Middlebrooks and diagnosed him with severe borderline personality disorder, alongside other mental health issues, including substance abuse and schizophrenia. Smalldon noted that Middlebrooks displayed impulsivity and characteristics typical of individuals who were sexually abused as children. During cross-examination, Smalldon acknowledged that Middlebrooks confessed to more involvement in the crime than he admitted in the videotaped confession, including planning the ransom and physically restraining Majors. Smalldon characterized Middlebrooks as a chronic liar, noting that he showed no remorse and had indications of malingering, although these were not inconsistent with mental illness. In contrast, two state experts testified that Middlebrooks exaggerated his mental illness symptoms, was competent to stand trial, lacked an insanity defense, and was not subject to commitment. One expert could not affirm Middlebrooks' mental illness, while the other did not classify a personality disorder as a mental illness. The jury found that the aggravating factor under Tenn. Code Ann. 39-2-203(i)(5), indicating the murder was “especially heinous, atrocious, or cruel” due to torture or depravity of mind, outweighed mitigating factors, resulting in a death sentence for Middlebrooks regarding the murder of Kerrick Majors. Middlebrooks argued the aggravating circumstance was unconstitutionally vague, violating both the Tennessee Constitution and several amendments of the U.S. Constitution. The trial court instructed the jury on the definitions of heinous, atrocious, cruel, torture, and depravity, emphasizing the need for a unanimous decision based on proof beyond a reasonable doubt. The court has consistently upheld the constitutionality of Tenn. Code Ann. 39-2-203(i)(5) and rejected claims of vagueness in prior cases, including clarifications from State v. Williams. Middlebrooks attempted to support his claims with U.S. Supreme Court decisions but the court maintained that the definitions provided were sufficient to guide the jury's decision-making. In *State v. Thompson*, the Tennessee Supreme Court clarified the aggravating circumstance under (i)(5), distinguishing it from language deemed unconstitutionally vague in prior cases by emphasizing that the terms "especially heinous, atrocious, or cruel" are specifically limited by the inclusion of "in that it involved torture or depravity of mind." This specification fulfills the constitutional requirement for narrowing, thereby guiding the sentencer in death penalty cases. The court noted that prior federal habeas corpus decisions (Houston v. Dutton and Rickman v. Dutton) are not directly applicable due to their lack of clear definitions for the terms involved, and emphasized that it is not bound by federal court decisions, only by those of the U.S. Supreme Court, which has not ruled the (i)(5) circumstance unconstitutional despite being challenged. The second issue addressed was prosecutorial misconduct during closing arguments, where Middlebrooks claimed the prosecutor improperly highlighted the victim's family's wishes for the death penalty, introduced racial issues, and made extensive biblical references. He argued this misconduct violated his due process rights and led to an unreliable sentencing process under both the U.S. and Tennessee constitutions. The State countered that the arguments were permissible. The court noted that closing arguments are largely within the trial court's discretion and must be relevant to the evidence presented, adhering to proper standards. The prosecutor's comments included references to the victim's family seeking justice and the duty of jurors to impose a death sentence if warranted by the facts and law. In State v. Nesbit, the Tennessee Supreme Court established that evidence and arguments concerning the crime's impact on the victim's family are permissible under Tennessee law, as they fall within the "nature and circumstances of the crime" statutory language. Such victim impact evidence must directly relate to the family's specific harm and provide insight into the victim’s life and the consequences of their death. However, characterizations and opinions from family members regarding the crime, the defendant, or sentencing are inadmissible under the Eighth Amendment. The court deemed a prosecutor's statement urging the death penalty based on family sentiment as improper. In the case of Middlebrooks, allegations arose regarding the prosecutor's introduction of evidence related to the defendant's racial animus and its relevance to the crime. Middlebrooks argued this evidence was prejudicial and not pertinent to statutory aggravating circumstances. However, both the State and the Court of Criminal Appeals maintained that such evidence was relevant to establish premeditation, motive, and to counter the defense's claims about another individual's culpability. The court concluded that the probative value of the racial animus evidence outweighed any prejudicial effects, affirming its admissibility to challenge the defense's narrative. The prosecutor's use of evidence during the trial did not constitute misconduct. However, Middlebrooks argued that the prosecutor improperly referenced the Bible in closing arguments. The prosecutor claimed that the victim's mother sought justice, not vengeance, and quoted Biblical verses to support the argument that the legal system is divinely ordained to govern society. In response to a defense argument that sought mercy, the prosecutor's Biblical references were deemed excessive and inappropriate, equating the jury with "the tool of the Lord." Citing precedent, it was noted that such references can lead to decisions based on bias rather than facts and law, and the prosecutor has an ethical duty to avoid misconduct. The conclusion found the prosecutor's arguments improper. To determine if this error warranted resentencing, the court will analyze: 1) the nature of the improper conduct in context; 2) any corrective measures taken by the court and prosecution; 3) the prosecutor's intent; 4) the cumulative impact of the improper conduct alongside other errors; and 5) the relative strengths of the case. Middlebrooks' argument is supported by the first three factors, indicating prosecutorial misconduct. Two improper statements were made by the prosecutor: one suggested the victim's family desired a death sentence, which was brief and isolated, and another paraphrased scripture, labeling the jury as the “tool of the Lord.” The defense did not object to the first statement, while the second prompted an objection, yet the trial court took no corrective action. The court should have instructed the jury to disregard the prosecutor’s comments and focus on the evidence and law. Although the prosecutor's intent regarding the family’s wishes is unclear, the justification for the biblical reference as a response to defense counsel's comments is deemed unconvincing. Despite the serious nature of the improper remarks, they constituted a small part of the prosecutor's overall argument, which mainly addressed the crime's facts and rebutted the defendant's mitigating evidence. The jury was instructed that the attorneys’ arguments were not evidence. The overwhelming evidence of the brutal nature of the crime—including severe injuries and the victim's prolonged suffering—supported the jury’s finding that the aggravating circumstance outweighed any mitigating factors. Middlebrooks admitted to actively participating in the victim's torture and eventual stabbing. The evidence strongly justified the jury’s verdict, indicating that the prosecutor's misconduct did not adversely affect the outcome. The analysis considered whether the misconduct prejudiced the defendant, ultimately concluding that the substantial evidence of aggravating circumstances warranted upholding the verdict. The document warns prosecutors about the repercussions of such misconduct, as reflected in prior cases. Improper closing arguments and prosecutorial misconduct may be deemed prejudicial to the judicial process, potentially warranting a new trial or resentencing, even if they do not impact the verdict. The trial court is better positioned to address such misconduct, capable of implementing immediate corrective measures, including halting inappropriate statements and issuing curative jury instructions. In severe instances, judges can impose direct sanctions like contempt citations, fines, or disciplinary recommendations. In capital cases, Tennessee law mandates a comparative proportionality review under Tenn. Code Ann. 39-13-206(c)(1)(D). The review starts with the assumption that a death sentence is proportionate to first-degree murder, assessing the nature of the crime and the defendant against similar cases where the death penalty was sought. Key factors in this analysis include the means and manner of death, motivation, circumstances of the victims, presence of premeditation or provocation, and the overall impact on non-decedent victims. When comparing defendants, considerations include prior criminal history, demographic factors, mental state, involvement in the crime, cooperation with law enforcement, remorse, knowledge of the victim's helplessness, and potential for rehabilitation. The Court of Criminal Appeals' ruling was issued before the precedent established in State v. Bland; however, a remand is unnecessary as the review is conducted de novo. The case record indicates that Middlebrooks engaged in the victim's prolonged torture before the fatal act. The victim endured severe physical and psychological torture, including mocking, urination, beating, cutting, and sexual assault, all while pleading for the chance to attend school. Middlebrooks confessed that he stabbed the victim, Majors, partly to assert his dominance over Brewington and as retaliation for a minor offense against him and his co-defendants. His admission also included a claim that the stabbing was meant to end Majors’ suffering. The evidence strongly points to the attack being racially motivated, with no indication that Majors provoked the assault; he was a defenseless fourteen-year-old boy against a twenty-four-year-old attacker. Middlebrooks exhibited signs of mental health issues but showed no remorse for his actions. While he attempted to downplay his involvement, evidence demonstrated his active participation in dragging the victim into the woods and torturing him. Middlebrooks’ conflicting statements included acknowledgment of stabbing the victim, and he resisted arrest without cooperating with authorities, later providing a confession that minimized his culpability. Despite presenting mitigating evidence during sentencing, it did not indicate a likelihood of rehabilitation. Comparisons were drawn to other cases, such as Hall and Hodges, where defendants with similar circumstances received the death penalty due to the especially heinous nature of their crimes, which involved prolonged torture while the victims were alive and conscious. The defendant shot one victim twice and stabbed another victim thirteen times, who survived for up to fifteen minutes post-attack. Both victims, similar to others in comparable cases, suffered both physically and psychologically before dying. The attack was unprovoked, and in mitigation, the defendant presented evidence of low intelligence, a difficult childhood, and troubled family relationships. The jury sentenced him to death, citing the (i)(5) aggravating circumstance. In related cases, State v. Teel involved a twenty-year-old who lured and murdered a fourteen-year-old girl, with his jury also imposing a death sentence based on the (i)(5) aggravating circumstance. State v. Alley featured a nearly thirty-year-old who abducted and brutally raped a nineteen-year-old, leading to a death sentence based on the heinous nature of the crime. In State v. Pike, the defendant tortured and murdered a nineteen-year-old, receiving a death sentence for actions deemed especially cruel. Lastly, in State v. Cauthern, a nineteen-year-old and a co-defendant broke into a home, resulting in the rape and murder of a couple, with evidence suggesting they could have survived for a short time post-attack. Mitigating factors in these cases often included troubled childhoods and absent parental figures. Cauthern presented evidence of his rehabilitation efforts, including passing the graduate equivalency exam and completing a paralegal course, alongside proof of good behavior and social interactions. Despite this, the jury sentenced him to death based solely on the aggravating circumstance (i)(5). In comparison, Caughron's case involved extreme violence, including the brutal rape and murder of a victim who pleaded for her life. Caughron's mitigation evidence included his low intelligence and a troubled childhood, but the jury also issued a death sentence based on the murder's heinous nature. O’Guinn similarly received a death sentence after raping and murdering a teenager, despite presenting evidence of a difficult relationship with his father. Bush's case involved the stabbing of an elderly woman, where the jury considered his abusive upbringing and mental health issues before imposing a death sentence based on aggravating circumstances. In Nesbit's case, he tortured a victim for hours before killing her, yet his expressions of remorse and good behavior in jail did not sway the jury, which also sentenced him to death based on the murder's cruelty. Finally, Bland, who shot a victim multiple times without provocation, testified about his difficult upbringing, but the jury still returned a death sentence, highlighting the victim's potential suffering during the attack. Bland testified to having a low level of education, and the jury sentenced him to death based solely on the finding that the murder was “especially heinous, atrocious, or cruel” due to torture and serious physical abuse. In a related case, State v. McNish, the defendant also received a death sentence for bludgeoning a helpless elderly victim, with the jury emphasizing the heinous nature of the crime. Both cases involved innocent victims who suffered severe pain while conscious. The excerpt highlights similarities across multiple cases, noting that the defendants were often the same age or younger than Middlebrooks, and shared similar mitigating factors such as mental health issues. The text addresses the argument that the death penalty is arbitrary, asserting that a death sentence is not necessarily disproportionate to a lesser sentence given to a co-defendant if there is a discernible basis for the difference. The court concluded that the death sentence in this case was not excessive or disproportionate when compared to similar cases and affirmed the jury's findings. The sentence of death by electrocution was set for November 11, 1999, with costs of the appeal assigned to the defendant.