David Lawson v. Gary Dixon, Warden, Central Prison

Citations: 25 F.3d 1040; 1994 U.S. App. LEXIS 20832; 1994 WL 258586Docket: 94-4004

Court: Court of Appeals for the Fourth Circuit; June 13, 1994; Federal Appellate Court

SummaryOriginalCytator Case TreatmentBackward CitatorAnalysis

EnglishEspañolSimplified EnglishEspañol Fácil

David Lawson appealed the dismissal of his habeas corpus petition under 28 U.S.C. § 2254 by the U.S. District Court for the Middle District of North Carolina, which also denied his requests for discovery, an evidentiary hearing, and a stay of execution. The Fourth Circuit Court of Appeals affirmed the district court's decision, finding no merit in Lawson's claims. 

Lawson was convicted in June 1981 of first-degree murder, felonious assault, and felonious breaking and entering, receiving a death sentence for the murder conviction. His convictions were upheld by the North Carolina Supreme Court in 1984, and his petition for certiorari to the U.S. Supreme Court was denied in 1985. Following subsequent motions for relief and federal habeas petitions, his execution was rescheduled for June 15, 1994, after the North Carolina Supreme Court denied his request to videotape the execution and a petition claiming that execution by gas constituted cruel and unusual punishment. The latter petition was also denied on May 25, 1994.

On May 20, 1994, Lawson filed a fourth motion for appropriate relief in the Cabarrus County Superior Court, presenting six claims: 1) Violation of his right to conflict-free counsel due to a trial attorney disclosing confidential communications and having a conflict of interest. 2) The trial court improperly excused jurors, including one based on religion, without Lawson's presence. 3) Denial of his right to self-representation during direct appeal. 4) A juror, who had lost his driver's license due to speeding, was transported by police and conversed with them outside the courtroom. 5) The same juror falsely stated he had no close friends in law enforcement. 6) Ineffective assistance of counsel for failing to question potential jurors about their predispositions towards death sentences for first-degree murder. The Superior Court denied all claims on May 31, 1994.

On June 2, 1994, Lawson's petition for a writ of certiorari and a motion for a stay of execution were denied by the North Carolina Supreme Court. Subsequently, on June 7, 1994, he filed a second federal habeas corpus petition in the U.S. District Court for the Middle District of North Carolina, which included four of the earlier claims and an additional claim that execution by gas was cruel and unusual punishment. This claim had previously been denied by the North Carolina Supreme Court.

After a hearing on June 9, 1994, a U.S. Magistrate Judge recommended rejection of all claims, including the challenge to lethal gas execution, stating it constituted an abuse of the writ. The magistrate also indicated the claims of ineffective assistance and juror misconduct were frivolous and that Lawson failed to demonstrate "cause" or "prejudice" for procedural defaults. The Chief District Court Judge subsequently dismissed Lawson's habeas petition and related motions on June 10, 1994.

Lawson timely appealed the dismissal. The appellate court found the magistrate judge's reasoning persuasive and affirmed the district court's judgment, denying Lawson's request for a stay of execution. The court noted that the North Carolina Supreme Court had addressed the lethal gas execution challenge on its merits, indicating no failure to exhaust that issue. A minor correction regarding the date in the magistrate judge’s report was acknowledged, and a certificate of probable cause for appeal was granted.