Perez v. Cai

529 F.3d 588 (5th Cir. 2008)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P told his wife that he was going out to feed the cows. Instead, he left home with his 12-year old son and began a drive that ended with the tragic death of a police officer in New Orleans. Believing that he was being pursued by people who wanted to kill him, P proceeded from Seguin toward Florida, where he had once lived. He constantly checked his mirrors for his pursuers and increased his speed to 'lose' the other vehicles that he believed were chasing him. The son testified that his father drove on back roads and that he was preoccupied with other vehicles. When they stopped at a convenience store at one point, P suddenly became scared and began sounding the horn for his son to return to the vehicle so they could quickly leave. The son described his father's hands as shaking and also reported that P would frequently push buttons on the roof of the vehicle, believing this action would throw off the pursuers. P also called his wife Rosa and reported that someone was trying to kill him and that a black car was following him. He also believed that Rosa was being held, hostage. P's conduct continued, and eventually, the son was discovered alone and taken into custody. The son said he and his father had come to New Orleans in a van, that they were being pursued by gangs from Texas, and that his mother knew about P's behavior. P's vehicle was located and impounded. A woman living nearby observed a man, possibly holding a gun, in her backyard shed where the hot water heater was located. Police were called. Officer McCormick proceeded quickly down the back stairs of the apartment and a single struck McCormick in the chest. Officer Jackson immediately called for assistance, and numerous officers responded. A canine unit discovered P hiding under the house next door. During the apprehension, P shot the police dog and was himself shot twice by police. P was determined to be incompetent. He was eventually restored to competency and transferred for trial in December 1997. P defended on the ground of insanity. All seven experts agreed that P suffered from severe mental illness and delusions of paranoia and persecution. All seven experts also agreed that P was not malingering or feigning his mental condition. Six of the experts testified that P's mental illness prevented him from knowing right from wrong on the night of the shooting. The seventh expert was not asked about P's sanity at the time of the offense. Five of the experts were either court-appointed or otherwise employed by the state. The state did not call any expert witnesses or present any expert medical opinions concerning P's mental state. It also did not offer any lay testimony on the issue. The state's theory throughout the trial was that Perez and his family fooled the medical experts by making up the story that P feared someone was trying to kill him. The jury found Perez guilty and the trial court sentenced P to life imprisonment at hard labor, without the benefit of parole, probation, or suspension of sentence. Eventually, P filed the instant § 2254 petition. The district court granted the petition, holding that the state court had unreasonably applied federal law concerning sufficiency of the evidence. D appealed.