John Michael Lamb

Case details

John Michael Lamb was convicted of capital murder in Texas and sentenced to death. He was later executed by lethal injection in Texas on November 17, 1999.

Timeline

• November 5, 1982 — Lamb said he got out of jail in Searcy, Arkansas, about 10:30 a.m., started hitchhiking toward Texas, and caught a ride into a town about 45 miles from Dallas on Interstate Highway 30 between Arkansas and Dallas.
• November 5, 1982 — Lamb said he walked across the parking lot of a motel he believed was a Ramada Inn, talked to a man in front of a motel room, and was invited into the man’s room after the man went to eat.
• November 5, 1982 — Lamb said the man put his hand on Lamb’s leg, Lamb said “take your hand off I don't go for that shit,” and Lamb got up and said the man told him to leave.
• November 5, 1982 — Lamb said he had earlier gotten a gun from a bag in the room while the man was in the bathroom and then shot the man three times after pulling the gun from his pocket.
• November 5, 1982 — Lamb said he took the man’s billfold, took a shaving kit, got keys to the man’s car, and drove the man’s car toward Dallas.
• November 5, 1982 — Lamb said the car was a tan Nova with Virginia license plates and the driver’s license and credit card in the billfold had the name of Jerry Chafin.
• November 5, 1982 — Lamb said he threw the gun out of the car somewhere between “this town and Dallas,” slept a couple hours in the car in Dallas, and drove to Houston.
• November 5, 1982 — Lamb said he drove to a Holiday Inn in Houston and checked into the motel.
• Saturday, November 6, 1982 — Lamb said he used Jerry Chafin’s credit card and driver’s license to check into the Holiday Inn.
• Saturday, November 6, 1982 — Lamb said he threw a television and some other stuff that was in the car into a garbage bin at the Holiday Inn.
• Saturday, November 6, 1982 — Lamb said he stayed in Houston until Monday and started east toward Louisiana.
• Tuesday — Lamb said he stopped at a Shamrock station in Lafayette, Louisiana, got some gas and two cases of Budweiser beer longnecks, attempted to use Jerry Chafin’s credit card with a girl called in to check on the credit card, and took off without the card.
• Thursday morning — Lamb said he stopped at store and gas pumps in Greenville Florida, shot the attendant, and took two cases of Budweiser beer and some money.
• Thursday morning — Lamb said a few minutes later he was stopped by police and arrested while driving the car he got in Texas and had the billfold in his pocket with Jerry Chafin’s driver’s license.
• November 6, 1982 — Jerry Harrison Chafin was found shot to death in a motel room in Greenville, Texas at approximately 11:30 a.m.
• November 6, 1982 — An autopsy revealed that Chafin had been shot three times in the chest and once in the hand at a distance of at least three to four feet; the cause of death was gunshot wounds to the chest.
• November 6, 1982 — Police found Chafin’s personal items, including a college identification card, several credit card receipts, and clothing, strewn across the bed.
• November 6, 1982 — A bullet cartridge was found approximately eight inches from Chafin’s head.
• November 11, 1982 — Lamb was arrested by a Florida state trooper after an extended chase; Lamb was driving Chafin’s car.
• November 13, 1982 — Two Texas law enforcement officers traveled to Florida to meet with Lamb; Lamb subsequently gave the Texas officers a written confession to the murder and robbery of the victim.
• February 1983 — Lamb was indicted in the 196th District Court of Hunt County, Texas, for the capital offense of murdering Jerry Harrison Chafin in the course of committing or attempting to commit the offense of robbery on or about November 6, 1982.
• March 22, 1983 — A jury found Lamb guilty of the capital offense.
• March 23, 1983 — After a separate punishment hearing, the jury answered affirmatively to special issues; the trial court assessed Lamb’s punishment at death.
• June 13, 1984 — The Texas Court of Criminal Appeals affirmed Lamb’s conviction and sentence.
• February 25, 1985 — The United States Supreme Court denied Lamb’s petition for writ of certiorari.
• March 25, 1985 — Lamb filed applications for state writ of habeas corpus with the convicting court.
• September 27, 1985 — Lamb filed applications for state writ of habeas corpus with the convicting court.
• January 8, 1986 — The Court of Criminal Appeals agreed and denied relief.
• February 25, 1986 — Lamb filed another application for state writ of habeas corpus.
• February 27, 1986 — The Court of Criminal Appeals denied relief and a stay of execution.
• April 22, 1997 — The Court of Criminal Appeals agreed and denied relief on the basis of the trial court’s findings.
• April 23, 1997 — Lamb returned to federal court by filing a petition for federal writ of habeas corpus in the United States District Court for the Northern District of Texas, Dallas Division.
• July 10, 1998 — The district court denied relief.
• September 9, 1998 — The district court denied Lamb permission to appeal.
• June 23, 1999 — The United States Court of Appeals for the Fifth Circuit denied Lamb permission to appeal.
• November 16, 1999 — Texas Attorney General Media Advisory stated that Lamb was scheduled to be executed after 6 p.m. on Wednesday, November 17.
• November 17, 1999 — Lamb was executed by lethal injection in Texas.

The offence

On November 6, 1982, Jerry Harrison Chafin was found shot to death in a motel room in Greenville, Texas.

Police responded and found Chafin’s personal items, including a college identification card, several credit card receipts, and clothing, strewn across the bed. A bullet cartridge was found approximately eight inches from Chafin’s head. An autopsy revealed that Chafin had been shot three times in the chest and once in the hand at a distance of at least three to four feet. The cause of death was the gunshot wounds to the chest. Three .25 caliber bullets were recovered from the body.

The case involved a capital offense of murdering Jerry Harrison Chafin in the course of committing or attempting to commit the offense of robbery.

Lamb’s written confession described the events leading to the shooting and robbery and included statements about taking Chafin’s billfold, a shaving kit, keys to Chafin’s car, and driving the car toward Dallas.

Lamb’s written confession (verbatim)

Lamb’s confession, in its entirety, reads as follows:

Friday[,] November 5, 1982: I got out of Jail in Searcy, Arkansas, about 10:30 a.m. I started hitchhiking toward Texas. I caught a ride into a town about 45 miles from Dallas on Interstate Highway 30 between Arkansas and Dallas, Texas. I walked across the parking lot of a motel. I believe it was a Ramada Inn. I saw this guy in front of a motel room. I talked to him a little bit then he went to eat. I stayed around the motel area for awhile. When this guy came back to his room after he had eaten, he invited me into his room. We talked for about thirty minutes. He was sitting on the bed and I was sitting on a chair nearby. This guy put his hand on my leg and I said take your hand off I don't go for that. I got up at this time and he said for me to leave. I had earlier gotten a gun from a bag in the room while this guy was in the bathroom. When I got up, I took a step or two toward the door, pulled the gun from my pocket and shot the guy three times. I shot three times because the gun was an automatic. After I shot him, the guy was on his knees on the bed and I heard him fall to the floor. I got the guy's billfold off the nightstand and took a shaving kit. I got the keys to the guy's car and drove his car toward Dallas. The car was a tan Nova with Virginia license plates. The driver's license and credit card in the billfold had the name of Jerry Chafin. The gun that I shot the guy with was a small automatic pistol. I threw the gun out of the car somewhere between this town and Dallas. I slept a couple hours in the car in Dallas then drove to Houston. I drove to a Holiday Inn in Houston and checked into the motel. Saturday, November 6, 1982: I used Jerry Chafin's credit card and driver's license to check into the Holiday Inn. I threw a television and some other stuff that was in the car into a garbage bin at the Holiday Inn. I stayed in Houston until Monday then started east toward Louisiana. Tuesday: I stopped at a Shamrock station in Lafayette, Louisiana. I got some gas and two cases of Budweiser beer longnecks. I attempted to use Jerry Chafin's credit card and a girl called in to check on the credit card. I took off without the card. I drove east on Interstate 10. Thursday morning: I stopped at a store with gas pumps in Greenville, Florida. I shot the attendant and took two cases of Budweiser beer and some money. A few minutes later, I was stopped by the police and arrested. When I was arrested, I was driving the car that I got in Texas and had the billfold in my pocket with Jerry Chafin's driver's license. . . .

Investigation

Police were immediately summoned after Jerry Harrison Chafin was found shot to death in a motel room in Greenville, Texas. No identifiable fingerprints were discovered.

Two Texas law enforcement officers traveled to Florida to meet with Lamb on November 13, 1982.

Arrest and custody

Lamb was arrested by a Florida state trooper on November 11, 1982 after an extended chase. Lamb was driving the victim’s car.

Recovered from Lamb’s possession were the victim’s billfold, driver’s license, and credit cards.

On-arrest statement (verbatim)

The Florida investigator’s testimony included Lamb saying:

glad you S.O.B.'s finally caught me before I killed somebody else

Trial

Lamb was indicted in February 1983 in the 196th District Court of Hunt County Texas for the capital offense of murdering Jerry Harrison Chafin in the course of committing or attempting to commit the offense of robbery on or about November 6, 1982.

Lamb was tried before a jury following his plea of not guilty. On March 22, 1983, the jury found him guilty of the capital offense.

After a separate punishment hearing, the jury answered affirmatively to special issues. In accordance with state law, the trial court assessed Lamb’s punishment at death on March 23, 1983.

Sentencing

At the punishment phase of trial, the State presented evidence of four felony convictions.

The Arkansas convictions included:

• On November 5, 1982, Lamb was convicted in White County, Arkansas, of theft by receiving and of attempted burglary.
• Lamb received a suspended five-year sentence with credit for the ninety days served and was released.

The Florida convictions included:

• On December 6, 1982, Lamb was convicted in Madison, Florida, of armed robbery with a firearm and attempted murder with a firearm.
• The Florida convictions were based on acts which took place on November 11, 1982, five days following the instant capital murder.
• The victim of the Florida offenses testified that Lamb robbed the gas station and convenience store where she worked.
• During the offense, Lamb stole two cases of beer and shot the victim twice, once in the hand and once in the back.

Evidence described during punishment phase (verbatim testimony context)

The United States Court of Appeals record included that, at the punishment phase, the State attempted to introduce evidence of Lamb’s juvenile criminal record and the trial court sustained Lamb’s attorneys’ objection due to lack of proper certification of the records. The State then introduced records relating to Lamb’s adult convictions for burglary in Arkansas and robbery and attempted murder in Florida.

The Court of Appeals record also described trial proceedings and testimony including:

• The Arkansas prosecuting attorney testified that Lamb pleaded guilty to theft by receiving and criminal attempt of burglary on November 5, 1982, and was released for time served.
• Fred Respress, an investigator for the Madison County Florida Sheriff’s Department, testified that Lamb pleaded guilty to armed robbery with a firearm and attempt to murder with a firearm on December 6, 1982.
• Respress testified that when he was taking Lamb into custody in Florida, Lamb stated the quoted phrase in full above.
• The State presented testimony of Muriel Burnette, the gas station attendant in Florida, who testified about how Lamb shot her in her back and hands and stole two cases of beer.

Jury special issues (verbatim)

The Court of Appeals record stated the court read three special issues to the jury:

• Special Issue 1 required the jury to determine whether Lamb's conduct was "committed deliberately and with the reasonable expectation that the death of the deceased or another would result."
• Special Issue 2 required the jury to determine whether there was a "probability that the defendant [Lamb] will commit criminal acts of violence that would constitute a continuing threat to society."
• Special Issue 3 required the jury to determine whether Lamb's conduct was "unreasonable in response to the provocation, if any, by the deceased."

Appeals

Direct appeal

Lamb’s conviction and sentence were affirmed on direct appeal by the Texas Court of Criminal Appeals on June 13, 1984.

The United States Supreme Court denied Lamb’s petition for writ of certiorari on February 25, 1985.

State habeas corpus

Lamb filed applications for state writ of habeas corpus with the convicting court on March 25, 1985 and September 27, 1985. Following an evidentiary hearing, the trial court recommended that relief be denied. On January 8, 1986, the Court of Criminal Appeals agreed and denied relief on the basis of the trial court's findings.

With an execution date pending, Lamb filed another application for state writ of habeas corpus on February 25, 1986. The trial court recommended that relief be denied, and the Court of Criminal Appeals denied relief and a stay of execution on February 27, 1986.

After that, Lamb filed another application for state writ of habeas corpus in the convicting court. On April 22, 1997, the Court of Criminal Appeals agreed and denied relief on the basis of the trial court’s findings.

Federal habeas corpus

Lamb filed a petition for federal writ of habeas corpus in the United States District Court for the Northern District of Texas, Dallas Division. The district court granted a stay of execution and subsequently held an evidentiary hearing. The district court dismissed Lamb's federal petition in order for Lamb to present additional claims to the state courts before proceeding further in federal court.

After returning to state court and receiving denials, Lamb filed a petition for federal writ of habeas corpus in the United States District Court for the Northern District of Texas, Dallas Division on April 23, 1997. The district court denied relief on July 10, 1998 and denied Lamb permission to appeal on September 9, 1998.

On June 23, 1999, the United States Court of Appeals for the Fifth Circuit similarly denied Lamb permission to appeal.

Fifth Circuit certificate of appealability denial (verbatim holdings and key quoted conclusions)

The Fifth Circuit record included case caption and procedural disposition:

• In the United States Court of Appeals for the Fifth Circuit, No. 98-10924, JOHN MICHAEL LAMB, Petitioner-Appellant, versus GARY JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Appellee-Respondent, appeal from United States District Court for the Northern District of Texas.
• The decision stated: “For the reasons set forth below, we DENY the COA.”

The record included the magistrate judge’s conclusions, quoted verbatim:

"Lamb's attorneys' strategic decision to not put on mitigating evidence and, as a result, to not conduct much investigation into such evidence, was entirely reasonable in light of all the circumstances of the case."

and

"there is not a reasonable probability that theresult of the punishment phase would have been any different had counsel put on mitigation witnesses."

Outcome

Lamb’s request for a Certificate of Appealability was denied by the United States Court of Appeals for the Fifth Circuit.

The execution proceeded and Lamb was executed by lethal injection in Texas on November 17, 1999.

Last statement (verbatim)

On the execution date, Lamb made the following statements (verbatim):

• “I'm sorry, I wish I could bring them back. I'm done, let's do it.”
• “I'm sorry”
• “I wish I could bring him back. I can't. Good-bye.”
• “Do it.”

The record also described Lamb being pronounced dead at 6:19 p.m., 6 minutes after the lethal drugs began flowing into his arms.

Other details

Background and description

Lamb was described as a California drifter headed to Texas for a fatal shooting and robbery committed only hours after he was freed from an Arkansas jail. Lamb was 42 at sentencing and was described as a handyman who drifted to Texas from San Jose, California.

The record described Lamb as being arrested in Florida five days later after being chased by a Florida state trooper following a robbery at a convenience store where he shot and wounded a clerk and stole two cases of beer. Upon apprehension, he was driving Chafin’s car and carrying Chafin’s wallet, credit cards and driver’s license.

Additional procedural facts included in the Fifth Circuit record

The Fifth Circuit record included that:

• On April 24, 1996, the President signed into law the Antiterrorism and Effective Death Penalty Act (“AEDPA”).
• Lamb filed his habeas application in the district court on April 23, 1997 after the effective date of AEDPA, and under AEDPA he was required to obtain a COA.
• The court addressed that Lamb raised Claim 5 in his request for a COA and brief, and that all other issues were considered abandoned.

Evidence and disputed issues at the time described

The Fifth Circuit record included descriptions of Lamb arguing that counsel failed to investigate and present mitigating evidence at the sentencing phase, and included counsel testimony that strategic decisions were made not to put mitigating witnesses on the stand.

The record also included the state trial court finding that:

• Davis’s strategy was to keep out aggravating circumstances such as Lamb’s juvenile record and any proof that he had been in trouble all of his life as could be shown by the California witnesses.
• Joe Weis agreed that evidence of Lamb’s juvenile record was not in his best interest.

Family and faith details

Chafin’s mother wrote Lamb a letter asking why he had killed her son. Lamb responded that he was sorry and he wished it had been him instead of Chafin.

The record described Lamb as being described as a cooperative inmate by those who worked with him, including Father Stephen Walsh, a Catholic priest who knew Lamb for 15 years.

The day before his execution, Lamb was re-baptized. He confessed, received penance, was confirmed, and received the Eucharist. Walsh quoted Lamb as saying:

"This is the most important day of my whole life.”