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 Adanandus v. Johnson, 947 F.Supp. 1021 (W.D. Tex., 1996)- 1 -
947 F.Supp. 1021Dwight Dwayne ADANANDUS, Petitioner,v.Gary JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division,Respondent.Civil No. SA-95-CA-415.United States District Court, W.D. Texas, San Antonio Division.August 27, 1996.Order Denying Amendment September 19, 1996.Page 1022COPYRIGHT MATERIAL OMITTEDPage 1023COPYRIGHT MATERIAL OMITTEDPage 1024COPYRIGHT MATERIAL OMITTEDPage 1025COPYRIGHT MATERIAL OMITTEDPage 1026COPYRIGHT MATERIAL OMITTEDPage 1027COPYRIGHT MATERIAL OMITTEDPage 1028COPYRIGHT MATERIAL OMITTEDPage 1029COPYRIGHT MATERIAL OMITTEDPage 1030
Stephanie L. Stevens, San Antonio, TX, for  petitioner.Gena A. Blount, Office of the TexasAttorney General, Austin, TX, for respondents.
 BIERY, District Judge.The State of Texas seeks to put to death oneof its citizens, Dwight Dwayne Adanandus. Inhis petition for federal habeas corpus relief, Mr.Adanandus raises twenty-one points requiringconstitutional review by this Court andexamination of current law on the issues raised.For reasons stated herein, relief is denied.* * * * * *Although in more detail later, the Courtfirst addresses generally the assertion of ineffective assistance of trial counsel StevenHilbig and the historical professional obligationof lawyers in criminal cases. In a nation whoselandscape is dotted with synagogues andchurches, the entreaties of "thou shalt not kill"and "forgive your enemies" are challenged byretribution and revenge, understandableresponses to violent crime. The divergence between what is said on the Sabbath and what isdone on election day has given secular Americaits macabre politics of death, collectivelyimposed upon the predators among us throughthe might of the State. Having democraticallygiven vent to normal human emotions in the faceof incredibly heinous acts, the legal exercise of the power to end a life requires careful scrutiny by some objective entity bound by the rule of law. The alternatives to the imposition of theultimate punishment within a framework of due process are the anarchy of a lynch mob or thewhim of a dictator and the concomitantdevolution of society to the level of thosedeserving execution.
 Adanandus v. Johnson, 947 F.Supp. 1021 (W.D. Tex., 1996)- 2 -
For the Constitution to be more than merewords, even those accused of capital murder must have competent advocacy against thestrength and resources of government. Thoughfrequently and pejoratively quoted out of context, Dick the Butcher recognized lawyers as protectors of English rights; hence they must bekilled to achieve illegitimate seizure of sovereignty.
Based on the record before it, thisCourt concludes Mr. Hilbig and attorneys DavidWeiner, Julie Pollock and Stephanie BarclayStevens ably fulfilled their professionalresponsibilities to Mr. Adanandus and to the ruleof law which protects all citizens.
The Record 
 Before the Court are the following petitionsand motions: (1) petitioner's second amended petition for federal habeas corpus relief, filedJune 25, 1996,
(2) respondent's answer andmotion for summary judgment, filed September 12, 1995,
(3) petitioner's motion for evidentiaryhearing, filed July 26, 1995,
(4) respondent's pleading opposing petitioner's motion for evidentiary hearing, filed September 12, 1995,
 (5) petitioner's reply to respondent's oppositionto an evidentiary hearing, filed October 16,1995,
and (6) more than eight thousand pagesof state court records from petitioner's capitalmurder trial, direct appeal, and state habeascorpus proceeding.
 Page 1031
Statement of the Case 
 On January 28, 1988, petitioner DwightDwayne Adanandus shot and killed VernonHanan while committing an armed robbery of the Continental National Bank ["CNB"] in SanAntonio, Texas. Several eyewitnesses testifiedthat bank teller Patricia Martinez began yellingshe had been robbed immediately after petitioner left her window. Vernon Hanan entered the bank lobby, apparently heard the shouts, and lunged at petitioner as petitioner was attempting to exit the bank. The two men wrestled with each other from the bank lobby into the foyer where petitioner pushed Hanan away from himself anddown, pointed his gun at Hanan, and fired thefatal shot. Bank security cameras recordedalmost the entire series of events leading up tothe fatal shooting. There has never been anygenuine dispute as to the operative facts.
 Petitioner was indicted in cause no. 88-CR-1454on a charge of capital murder on April 12,1988.
 Jury selection in petitioner's state court trial began on March 29, 1989.
The guilt-innocence phase of petitioner's trial began May 1, 1989.
 On May 9, 1989, the jury found petitioner guiltyof the offense of capital murder.
The next day,the punishment phase of petitioner's trial began,and two days later, May 12, 1989, the juryreturned its verdict on the punishment specialissues. The trial court sentenced petitioner todeath.
 Page 1032Petitioner appealed his conviction andsentence. In an opinion issued June 16, 1993, theTexas Court of Criminal Appeals affirmed petitioner's conviction and sentence.
TheUnited States Supreme Court denied petitioner's petition for certiorari on March 21, 1994.
 On September 7, 1994, petitioner filed hisinitial application for state habeas corpus relief.
 On October 21, 1994, petitioner filedPage 1033an amended application for state habeas corpusrelief.
The state trial court held an evidentiaryhearing on petitioner's state habeas corpusapplication on November 21, 1994. At thehearing, petitioner's counsel introducedextensive medical records relating to petitioner'schildhood head trauma and also testified.
In anOrder issued January 9, 1995, the state trialcourt issued its findings of fact, conclusions of law, and recommended petitioner's state habeascorpus application be denied.
On February 21,1995, the Texas Court of Criminal Appealsdenied petitioner's state habeas corpusapplication in an unpublished per curiamopinion finding the state trial court's findingsand conclusions were supported by the record
 Adanandus v. Johnson, 947 F.Supp. 1021 (W.D. Tex., 1996)- 3 -
and denied relief on the basis of those findingsand conclusions.
 On May 3, 1995, petitioner filed his motionfor leave to proceed In Forma Pauperis and for appointment of experts,
motion for appointment of counsel,
motion for stay of execution,
and motion for time to amend,
 together with an initial petition for federalhabeas corpus relief, setting therein sometwenty-one (21) grounds for relief.
In an Order issued May 4, 1995, this Court granted petitioner's motions for stay of execution, for Page 1034appointment of counsel, and for leave and timeto file an amended petition.
 On July 26, 1995, petitioner filed a motionrequesting an evidentiary hearing.
On thatsame day, petitioner also filed an amended petition for federal habeas corpus relief in whichhe asserted a single, multi-faceted ground for relief alleging ineffective assistance on the partof his trial counsel.
 On September 12, 1995, respondent filed a pleading opposing petitioner's request for anevidentiary hearing
and an answer and motionfor summary judgment.
On October 16, 1995, petitioner filed a reply to respondent's oppositionto petitioner's request for an evidentiary hearingand a reply to respondent's answer and motionfor summary judgment. In each of these replies, petitioner argued he had not been provided anexpert witness during his state habeas corpus proceeding.
On November 6, 1995, this Courtissued an Order directing petitioner to state onthe record whether he was withdrawing all of thegrounds for relief contained in his initial federalhabeas corpus petition.
Petitioner filed aresponsive pleading on November 21, 1995,advising the Court he still wished to assert all of the grounds for relief contained in his initialfederal habeas corpus petition and requestingleave to file a second amended federal habeascorpus petition.
The Court granted this requeston June 25, 1996.
 In his second amended federal habeascorpus petition, filed June 25, 1996, petitioner asserts some twenty-one grounds for relief consisting of the following arguments:1. the petitioner's trial counsel renderedineffective assistance by (a) failing to introduceevidence showing petitioner had suffered a headinjury during his childhood and (b) allowing his political ambitions to result in a conflict of interest in connection with petitioner's case;2. the state trial court erroneously failed todefine the term "reasonable doubt" in the jurycharge;3. the state trial court erroneously denied petitioner's requested jury instructions at theguilt-innocence phase of trial on the lesser-included offenses of felony murder, voluntarymanslaughter, and involuntary manslaughter;4. the state trial court erroneously denied petitioner's requested definition of "deliberately"in the jury instructions at the punishment phaseof trial;5. the prosecution withheld potentialexculpatory evidence from the defense relatingto a prior competency hearing held in 1981 inanother criminal proceeding against the petitioner;6. petitioner's sentence was based on aninvalid prior conviction;7. the prosecution violated equal protection principles when it used a peremptory challengeto strike the last remaining black member of the jury venire;8. the state trial court erroneously admittedthe testimony of three prosecution witnessesregarding petitioner's bad reputation at the punishment phase of trial;9. the jury instructions deprived petitioner's jury of the opportunity to make a reasoned moralresponse to mitigating evidence;

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