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Thomas A. Halliwell v. Clayton G. Strickland, Jr., Supt., Florida State Prison, and Jim Smith, Attorney General, State of Florida

Citations: 747 F.2d 607; 1984 U.S. App. LEXIS 16449Docket: 83-3382

Court: Court of Appeals for the Eleventh Circuit; November 27, 1984; Federal Appellate Court

Narrative Opinion Summary

This case involves an appeal by Thomas A. Halliwell regarding the dismissal of his habeas corpus petition under 28 U.S.C. Sec. 2254 by the United States District Court for the Middle District of Florida. Halliwell, convicted of first-degree murder in 1974, challenged the dismissal based on a due process claim under Brady v. Maryland. The court affirmed the dismissal, concluding no Brady violation occurred because the prosecution was unaware of the bloody shoes found in Halliwell's dive shop until after the trial, thus not suppressing evidence knowingly. Additionally, Halliwell argued that prosecutorial comments during closing arguments were prejudicial, but the court found them non-violative under Donnelly v. DeChristoforo. A claim regarding improper references to Halliwell's post-arrest silence was also rejected, as he had spoken to police after arrest and his trial testimony differed. The district court's judgment was upheld, emphasizing the prosecution's lack of knowledge about the shoes and dismissing claims of due process violations in closing arguments and post-arrest conduct.

Legal Issues Addressed

Application of Brady v. Maryland

Application: The court found no Brady violation as the prosecution was unaware of the evidence (bloody shoes) until after the trial, and thus did not suppress it knowingly.

Reasoning: The court found that the prosecution did not suppress evidence it did not know existed, rejecting the argument that the government had been negligent in not discovering the shoes sooner.

Due Process and Prosecutorial Conduct

Application: Comments made by the prosecutor during closing arguments about the petitioner's military training were reviewed under Donnelly v. DeChristoforo and found not to violate due process rights.

Reasoning: Petitioner claims that the prosecutor's closing argument was unconstitutionally prejudicial by implying that, due to his military training as a 'trained killer,' he was capable of mutilating a body.

Post-Arrest Silence and Due Process

Application: The court dismissed claims that the prosecutor improperly referenced the petitioner's post-arrest silence, as the petitioner had made statements post-arrest that were inconsistent with his trial testimony.

Reasoning: Additionally, petitioner asserts that the prosecutor improperly referenced his post-arrest silence; this claim is dismissed as meritless since petitioner made statements to the police after his arrest.