Person Page - 305

     Eron Curry Van Kirk was born on 23 June 1836 at New York.^1,2 He married Henrietta Purdy, daughter of David Purdy and Elizabeth Ann Hopkins, on 5 November 1857 at New York.

The Albany Evening Journal; Albany, NY. Wednesday, July 17, 1901. page 2. http://fultonhistory.com/Fulton.html)

Ithaca, July 17 – Eron C. Van Kirk, recorder of the city, died yesterday from Bright's disease. He had been sheriff of Tompkins county and postmaster of Ithaca and had been recorder eight years. He was 65 years old. Eron Curry Van Kirk died on 16 July 1901 at Tompkins Co., New York, at age 65.^1,2 He was buried at sec. g, plot 103-104, grave 5, Ithaca City Cemetery, Ithaca, Tompkins Co., New York.²

     George H. Van Kirk was born on 20 January 1874 at Ithaca, Tompkins Co., New York.¹ He was the son of Eron Curry Van Kirk and Henrietta Purdy. George H. Van Kirk married Ray Kimmel on 14 February 1912 at Washington, District of Columbia, District of Columbia. George H. Van Kirk died on 24 July 1921 at Washington, District of Columbia, District of Columbia, at age 47.¹ He was buried on 26 July 1921 at Hayt Corner, Tompkins Co., New York.

     Ida Alemeda Van Kirk was born on 7 October 1858 at Enfield, Tompkins Co., New York.¹ She was the daughter of Eron Curry Van Kirk and Henrietta Purdy. Ida Alemeda Van Kirk married John R. Peck on 13 March 1884 at Groton, Tompkins Co., New York.¹ Ida Alemeda Van Kirk married Andrew Graff in 1890 at Brooklyn, Kings Co., New York.¹ The cause of death was Diabetes Tonsillitis (Per Prostter Abscess.) Ida Alemeda Van Kirk died on 17 December 1914 at Brooklyn, Kings Co., New York, at age 56.^2,1 She was buried at The Evergreens Cemetery, Brooklyn, Kings Co., New York.²

     Lucy Henrietta Van Kirk was born on 14 August 1876 at Ithaca, Tompkins Co., New York.¹ She was the daughter of Eron Curry Van Kirk and Henrietta Purdy. Lucy Henrietta Van Kirk married Arthur Vernon Parsons on 17 June 1922 at Alexandria, Virginia. Married in Christ Church, Alexandria, VA. Lucy Henrietta Van Kirk died after 1940.

     Mary Sophia Van Kirk was born on 13 May 1866 at Ithaca, Tompkins Co., New York.^1,2 She was the daughter of Eron Curry Van Kirk and Henrietta Purdy. Mary Sophia Van Kirk married Murray Hilton Smith circa June 1891 at Varna, Tompkins Co., New York. Mary Sophia Van Kirk died on 30 October 1957 at Weston, Lewis Co., West Virginia, at age 91.^1,2 She was buried at Bridgeport Cemetery, Bridgeport, Harrison Co., West Virginia.²

     William Kimmel Van Kirk was the son of George H. Van Kirk and Ray Kimmel. William Kimmel Van Kirk was a bus driver in Washington, DC.

     John Van Ness married Brenda Lynn Walz, daughter of Christopher Walz and Rosemarie Ann Christina.¹

     Edmund Van Order Jr. was born on 8 March 1921.¹ He married Carolyn Mary Hillick, daughter of Francis Xavier Hillick and Sidney Virginia Brewer. Edmund Van Order Jr. died on 17 May 1945 at Okinawa, Japan, at age 24.^2,1 The cause of death was killed while in Marines at Okinawa, Japan. He was buried at Arlington National Cemetery, Arlington, Arlington Co., Virginia.¹

     George Daniel Van Sickle was born on 24 January 1910 at Wellington, Larimer Co., Colorado.¹ Born premature due to wagon accident? An 8-lb baby. He was the son of George Washington Van Sickle and Margaretta Helen Harn. Doris Spilman believed he was in the military in Texas. George Daniel Van Sickle married Suzine Dolores Sussman, daughter of Frank Sussman and Edith Annie Gustafson, on 25 March 1931 at Seattle, King Co., Washington.² His Social Security Number was 537-10-2180 at Seattle, King Co., Washington. The Social Security SS-5 form listed George as born in Wellington, Colorado, Living in Seattle, Washington on 10 Aug 1937 and being unemployed.³ George Daniel Van Sickle died on 13 January 1990 at Seattle, King Co., Washington, at age 79.^4,3 He was buried Body donated to medical science.⁵

     George Washington Van Sickle was born circa 1866 at Michigan Info from 1910 Federal Census in Colorado. He was born on 12 October 1866 at Lawton, Van Buren Co., Michigan.^1,2 He lived in 1906 at Fort Collins, Larimer Co., Colorado.³ He married Margaretta Helen Harn, daughter of Calvin Davis Harn and Rachel Rupel, on 6 February 1909 at Boulder, Larimer Co., Colorado.⁴ George Washington Van Sickle died on 12 July 1918 at Wellington, Larimer Co., Colorado, at age 51.^1,2

Obituary for George W. Van Sickle:

George W. Van Sickle was born in Lawton, Michigan, October 12 1866. At the age of 14 he moved with his parents to Nebraska, which was his home until he came to Colorado and settled in Wellington in 1903. On the 6th day of February, 1909, he was joined in marriage to Margurite Horn. To this happy couple a son George was born on January 24 1910. The mother died three days later on January 27. Mr Van Sickle died at his Wellington home on July 12. The deceased is survived by his son, George D Van Sickle; two brothers, T. C. Van Sickle of Fort Collins and N. E. Van Sickle of Faragut, Michigan, two sisters, Mrs Sarah Kell of Eagle, Nebraska and Grace E. Bull of Decature, Michigan. Mr. Van Sickle leaves a host of friends, he being one of the prominent men of Wellington. His work in contracting and building thruout the farming district put him in close touch with many homes who mourn his loss to the community

The Larimer County Independent
Fort Collins, Colorado
19 Jul 1918, Fri • Page 8.² He was buried at Blk 6, Sec 8, Site 7, Highland Cemetery, Wellington, Larimer Co., Colorado.¹

     Jimmie Jean Van Sickle was born on 11 January 1932 at Seattle, King Co., Washington. She was the daughter of George Daniel Van Sickle and Suzine Dolores Sussman. Jimmie Jean Van Sickle married male Shumway.

Following from online editon of The Seattle Times on 01Mar1991:

Murder Tale Filled With Strangling, Poisoning -- Relatives Accused Of Killing Woman Who Didn't `Enjoy Life'

By Julie Emery

The daughter and the mother said they first tried to poison the 79-year-old grandmother, Suzine Van Sickle, by mixing her medicine with clam chowder.

But when she failed to succumb to the overdose and awoke the next day, the two women allegedly smothered her with a pillow, they told police.

They did it, they told police, because they felt she couldn't enjoy life anymore.

The murder, it turned out, was a family affair, according to court records. It was done by Van Sickle's daughter and granddaughter who took her from a nursing home and squandered her private funds, prosecutors said.

Yesterday, prosecutors filed first-degree murder charges against the woman's daughter, Jimmie Jean Shumway, 59, and grandaughter, Alexis M. Shumway, 28.

Bail was set at $500,000 each. Jimmie Jean Shumway is in the King County jail. The granddaughter was expected to turn herself in today, prosecutors said.

The bizarre tale of the grandmother who died Nov. 18 in her home, in the 4400 block of South Brandon Street, was unraveled this week.

Deputy Prosecutor Lisa Marchese said the two almost got away with murder.

"The police never would have learned about it if the granddaughter had not called police on Feb. 12 saying she wanted to report a murder,'' the prosecutor said.

The daughter, contacted by homicide detectives Monday, also confirmed the killing, saying the two concluded Van Sickle did not have the ability "to enjoy life'' so they decided to kill her, according to the charges.

Marchese said the King County medical examiner also is looking into the death of Van Sickle's husband, George, who died "under mysterious circumstances'' Jan. 13, 1990, in the presence of Jimmie Jean Shumway.

According to Alexis Shumway's account, Suzine Van Sickle had spent her last years in a nursing home after having hip surgeries. She also had a heart problem and brain seizures and required extensive care.

The two women had removed Van Sickle from a nursing home in October.

Alexis Shumway said she and her mother decided Nov. 17 to poison Van Sickle, according to court documents.

Jimmie Jean, after consulting the Physicians' Desk Reference book, decided to try an overdose of Dilantin, an antiseizure medicine.

Alexis described how they chopped up more than 50 pills and mixed them with clam chowder, which Jimmie Jean fed to Van Sickle, according to court documents.

But when Van Sickle was still alive the next morning, Jimmie Jean grabbed a pillow and put it over her mother's face, the documents say.

Van Sickle "struggled for her life for about 20 minutes'' and tried to fight back, the charges indicate. Jimmie Jean then directed Alexis to "hold down one side of the pillow so no air could seep in.'' The victim eventually stopped struggling, the prosecutor said.

Suzine and George Van Sickle had decided in 1974 to donate their bodies to science. Several hours after Van Sickle died on Nov. 18, when her face returned to a "normal'' color, the university's School of Medicine was called, Alexis said. Police retrieved a sample of Van Sickle's blood and her ashes. The blood sample showed a level of Dilantin that far exceeded normal therapeutic levels.

Van Sickle, when examined by her physician Nov. 5, was in "good stable condition'' and "mentally clear,'' according to the charges.

According to Alexis, Van Sickle was removed from the nursing center because it had a lien on the Van Sickle home for outstanding bills. The personal banker for the Van Sickles invested more than $100,000 that Suzine Van Sickle received in a settlement of a lawsuit over her husband's black-lung disease, the prosecutor said..

Copyright (c) 1991 Seattle Times Company, All Rights Reserved.¹

Following from online editon of The Seattle Times on 04Mar1991:

A Deadly Secret She Could Hide No Longer -- Woman Reveals How She Helped In Killing Her Grandmother
By Julie Emery

For nearly three months, Alexis Shumway lived with a horrible secret - the murder of her 79-year-old grandmother.

When, on Feb. 12, she could hold in the horror no longer, she called Seattle police. While two detectives sat at the kitchen table of her Rainier Valley home - one of the officers stroking her pet cat, Athena - Shumway told the astonishing story of how she and her mother fatally smothered her grandmother, Suzine Van Sickle.

Alexis Shumway, 28, and her mother, Jimmie Jean Shumway, 59, were charged with first-degree murder Thursday in King County Superior Court in connection with the Nov. 17 death. The granddaughter called The Seattle Times on Friday and asked to tell her side of the story.

She said she loved her grandmother, but had been manipulated and cowed by her mother, Jimmie Jean, for years - including the morning of the slaying. Besides, the granddaughter said, her grandmother repeatedly had expressed a desire to die.

Jimmie Jean Shumway pleaded not guilty to the first-degree murder charge today. King County Superior Court Judge Patricia Aitken set a March 18 hearing on the charge. Aitken told the woman's defense attorney that he could raise the issue of Shumway's $500,000 bail at a later date.

According to court documents filed with the charges, Jimmie Jean Shumway, when contacted by police last Monday, also confirmed the killing, saying she and her daughter concluded Van Sickle did not have the ability ``to enjoy life'' so they decided to kill her.

Despite all this, Alexis Shumway does not consider herself a killer. When her attorney informed her that prosecutors would file the homicide charges, she recalled, ``I fell to pieces. I went out of his office bawling my head off. I cried all the way to the bus stop. I never thought I would be charged with murder. I thought it was all my mother's doing.''

The Van Sickle death sounds like something out of the tabloids. Was it a mercy killing? Was it money-motivated?

``It's kind of like a `Murder, She Wrote' case,'' said a Seattle homicide detective, who asked that his name not be used. "It doesn't fit the usual profile of murder.''

Alexis Shumway readily admits she helped smash up about 50 pills containing Dilantin, an anti-seizure medicine, for the grandmother's clam chowder the evening of Nov. 16. She said she felt the grandmother would not eat the soup, which her mother had laden with spices, and in any case, did not think the concoction would be fatal. The granddaughter said her mother fed the grandmother the mixture, but Van Sickle lived.

The granddaughter said that when she went into Van Sickle's bedroom the next morning, she had no idea that murder was on the agenda. She had been holding her grandmother's hand. Then, she said, her mother grabbed the pillow and put it over the grandmother's face. She said the mother then directed her to ``hold down one side of the pillow so no air could seep in.'' She said she did as ordered, then let loose as the grandmother struggled for life, her legs kicking. Death came in 20 minutes.

Alexis Shumway said ``my whole life has been bizarre.'' She loved her grandmother, she said. ``We were best buddies. We'd go to movies together, dinner and shopping. She was a beautician, too. She paid my way through beauty college. She was glad to be here, and glad I was taking care of her.''

``Here'' is the Van Sickle family home near Columbia City that Van Sickle moved back to last October from a nursing home. The granddaughter quit another job to be a full-time caretaker.

``My mom was always critical of me, saying, `You're not taking care of grandma right,' '' the granddaughter added. ``All through my whole life I could never please my mother.

``My mom was afraid the nursing home would get the house. She would mention that once in a while and it worried me. I was adamant about defending my grandmother's wants and needs.''

According to Alexis Shumway, the nursing home had a lien on the home because of unpaid nursing-home bills.

Suzine Van Sickle, whose husband, George, had died in January 1990, turned 79 on Nov. 9. Van Sickle felt she had nothing to live for and had outlived many of her friends, the granddaughter said.

``She couldn't walk,'' the granddaughter said, recalling that the grandmother once ordered her to ``Get me a gun.''

``If I had a gun, I'd kill myself,'' she quoted her grandmother as saying.

``I bought the Dilantin,'' the granddaughter said, telling her grandmother: ``If you do want to go that bad, I'll put the pills by your bed.''

But Van Sickle did not take the pills. And after she survived the intended poisoning, Jimmie Jean Shumway began ``crying on my shoulder,'' the granddaughter said.

The daughter had never before talked about suffocating her mother, the granddaughter said. The daughter ``kept saying `she can't talk. She's probably had strokes. She'll probably be on life supports,' '' the granddaughter recalled.

``It's like she drew on my love for my grandmother,'' she said. ``She knew how much I cared for her.''

The granddaughter said she entered the bedroom and found her mother ``was on a rampage to do it (murder). At the beginning, I thought it was a merciful act, but toward the end, when my mother kept bugging me about holding the pillow down, I thought `this is wrong.' But I felt powerless. I felt I couldn't do anything to stop it.''

The granddaughter said her mother swore her to secrecy about the murder, but she eventually told two friends, then got a stern warning from the mother not to tell anyone else.

``I was losing weight. I couldn't sleep. I was thinking of suicide because I couldn't live with this burden. It was just too heavy.''

The granddaughter said she called 911 at the urging of a boyfriend.

Published Correction Date: 3/5/91 - Alexis Shumway Notified Police About The Suffocation Murder Of Her 79-Year-Old Grandmother Despite A Boyfriend Who Urged Her Not To Call Authorities. This Article Indicated The Boyfriend Urged Her To Call.

Copyright (c) 1991 Seattle Times Company, All Rights Reserved.²

Following from online edition of The Seattle Times on 23Aug1991:

The Murder of Suzine Van Sickle
DAUGHTER, GRANDDAUGHTER GUILTY OF WOMAN'S MURDER
The Seattle Times
August 23, 1991, Friday, Final Edition

BY JULIE EMERY

They loved 79-year-old Suzine Van Sickle and brought her back home to live out her days, they said.

But Van Sickle's caretakers - her daughter and granddaughter - yesterday were convicted of poisoning, then smothering her.

A King County jury found Jimmie Jean Shumway, 59, the daughter, and Alexis Shumway, 29, guilty of premeditated first-degree murder in the bizarre killing last November that they kept secret for three months.

The two showed no emotion as the verdict was read yesterday.

Deputy Prosecutor Lisa Marchese said that after the two depleted the $ 100,000 estate of the widowed Van Sickle, she no longer was useful to them.

"They got rid of the burden," the prosecutor said in closing arguments. "They murdered her."

The daughter and granddaughter gave separate statements to police telling how they had chopped up 50 capsules of Dilantin, an anti-seizure medicine, then mixed it in clam chowder and fed it to Van Sickle Nov. 17 in the family home in Rainier Valley.

But when she was still alive the next day, they put a pillow over her face and suffocated her. After a 20-minute struggle, Van Sickle died.

A medical examiner concluded she died of congestive heart failure, and her body was donated to the University of Washington.

"This was the perfect murder - with the one exception - a guilty conscience," John "Jay" Mooney, a Seattle homicide detective, said after the verdict.

Alexis Shumway, who was chief caretaker for her grandmother, lived with the secret until Feb. 12, when she called police.

Marchese and Deputy Prosecutor Kerry Keefe brought evidence showing that the daughter, after getting power of attorney for her mother in late 1987, wrote 30 checks to herself totaling $45,000.

More than $ 13,000 was donated to the Church of Scientology, the prosecutors said. Payments to the nursing home where Van Sickle previously lived were overdue.

Police found a paper in Jimmie Jean Shumway's Federal Way home where she had written the fatal dosage for Dilantin - two to five grams - after consulting the Physician's Desk Reference.

The daughter said in her statement, "I did it. It was a mercy killing." She said Van Sickle several times had talked about taking her own life.

The granddaughter's statement said she held the pillow "for a while, then I just held my grandmother's hand."

When Van Sickle was killed, the fees to the nursing home where she earlier resided were $ 33,000 in arrears and the establishment was attempting to put a lien on her home on South Brandon Street.

Juror Carla Anderson said after the verdict:
"I think we all were concerned about Alexis. We felt that her mother obviously dominated and that she was passive."

But the jury had no choice but to follow the law, she said.

Superior Court Judge Frank Sullivan will sentence the two in about six weeks. The standard sentencing range is 20 to 26 years in prison.

Neither has a criminal record.³

Following from online editon of The Seattle Times on 28Sep1991:

Relatives Sentenced For Murder -- Daughter, Granddaughter Get Total Of 55 Years

By Julie Emery

Suzine Van Sickle was a retired beautician who loved to read, sew, grow flowers and take photographs. In her later years, she pored over flower books and crocheted afghans.

Three years before her murder at the hands of her closest relatives, she and her husband, George, had received a $100,000 settlement from injuries he suffered on the job. She also received Social Security, got his pension when he died and benefited from Medicaid.

But at the time of her death, authorities found just $5.41 in two bank accounts, a zero balance in another and a fourth account that was overdrawn.

Yesterday, a King County Superior Court judge imposed sentences totaling 55 years for the professed loved ones who poisoned her with doctored clam chowder last fall and then smothered her with a pillow.

Judge Frank Sullivan imposed an exceptional sentence of 35 years on Van Sickle's daughter, Jimmie Jean Shumway, 59, of Federal Way, who had power of attorney for her mother. Shumway had "essentially pillaged a substantial future" for the 79-year-old Van Sickle, the judge said.

He called the case a "classic case of extreme vulnerability of a victim," noting that Van Sickle, in the months before her murder, needed 24-hour care, was incontinent and could not fix her own food.

Alexis M. Shumway, 29, a granddaughter who lived at the family home in Columbia City, was sentenced to 20 years.

"They (the daughter and granddaughter) made the decision that her life was no longer of value," Deputy Prosecutor Kerry Keefe said before the sentencing. "Their motivations were greed and their own selfishness, rather than loving care and comfort of their own flesh and blood."

Van Sickle died Nov. 18, 1990, after a 20-minute struggle, during which the two women held a pillow to her face after first trying to kill her with poisoned food. Neither spoke at the sentencing and showed little emotion. Their attorneys said they will appeal.

Deputy Prosecutor Lisa Marchese said before the sentencing that the nursing home where Van Sickle once stayed had notified the state Adult Protective Services that she might be in peril after the daughter and granddaughter moved her home.

The removal was made despite the pending appointment of a legal guardian, Marchese said. Kathleen Burge, a social worker for Adult Protective Services had written Jimmie Jean Shumway two months before the murder, asking for details on Van Sickle's finances and how the two women planned to care for Van Sickle.

The daughter never responded to Burge's letter. Burge testified that she did not pursue the matter and did not telephone Van Sickle's home or visit her.

"The nursing home did everything right," Marchese said. "The signals were all there for APS, including $40,000 in fees owed the nursing home. The APS dropped the ball."

Keefe and Marchese had asked for lesser punishment for the granddaughter because she reported the murder to Seattle police.

Before the confession, Van Sickle's doctor had classified the death as from natural causes.

A neighbor of Van Sickle, Freida Hein, remembers how Van Sickle for years made her own clothes and was talented in photography.

Hein, 76, said that a year before Van Sickle's murder, she had gone to the house to visit, bringing Van Sickle a birthday cake.

"They didn't even tell her it was her birthday," Hein said.

Copyright (c) 1991 Seattle Times Company, All Rights Reserved.⁴


Jimmie Jean Shumway, Petitioner-appellant, v. State of Washington; Chase Riveland, Respondents-appellees, 145 F.3d 1340 (9th Cir. 1998)
Annotate this Case
U.S. Court of Appeals for the Ninth Circuit - 145 F.3d 1340 (9th Cir. 1998)
Argued and Submitted May 4, 1998. Decided May 19, 1998
Appeal from the United States District Court for the Western District of Washington John C. Coughenour, District Judge, Presiding.

Before THOMPSON, TASHIMA, Circuit Judges, and STAGG, District Judge.**

MEMORANDUM*

Jimmie Jean Shumway (Shumway), a Washington state prisoner, appeals from the district court's summary judgment denial of her habeas corpus petition. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Shumway and her daughter, Alexis Shumway (Alexis), were both convicted of first degree murder of Suzine Van Sickle, Shumway's mother and Alexis's grandmother. Although Shumway confessed to the murder, she contends her constitutional rights were violated due to a faulty jury instruction and the improper use of Alexis's confession against her during trial. Shumway further contends her counsel provided ineffective assistance by failing to object to the introduction of bad character evidence.

Shumway argues that the "to convict" jury instruction was erroneous and constituted structural error requiring reversal. This claim appears to be unexhausted. Although Shumway argued before the state court that the instruction was erroneous, she did not argue it was structural error.

Even if Shumway properly exhausted this claim, however, it fails on the merits.1 The erroneous jury instruction does not constitute structural error. Sullivan v. Louisiana, 508 U.S. 275, 281, 113 S. Ct. 2078, 124 L. Ed. 2d 182 (1993); Arizona v. Fulminante, 499 U.S. 279, 308-10, 111 S. Ct. 1246, 113 L. Ed. 2d 302 (1991). The district court properly applied harmless error analysis. See California v. Roy, 519 U.S. 2, 117 S. Ct. 337, 339, 136 L. Ed. 2d 266 (1997) (holding harmless error analysis should be applied to an erroneous aiding and abetting jury instruction).

As the district court noted the evidence against Shumway was "overwhelming." Her redacted confession established all of the elements of murder. She stated that she did research on Dilantin and found that it could be used to end her mother's life. She "decided to grind up the medication (the tablets) in a blender with the clam chowder." She admitted to feeding the clam chowder to her mother. She further admitted that she "placed a pillow over her (mother's) head" in order to kill her. In light of the substantial evidence of guilt, the error was harmless. The error did not have a substantial and injurious effect or influence on the jury verdict. See Brecht v. Abrahamson, 507 U.S. 619, 113 S. Ct. 1710, 123 L. Ed. 2d 353 (1993).

Shumway argues that her Sixth Amendment right to confront the witnesses against her was violated when the prosecutor referred to Alexis's confession during closing argument. She also contends her confrontation rights were violated by the admission of Alexis's confession at their joint trial.

Shumway's confrontation clause claim predicated on the prosecutor's closing argument is unexhausted because she did not present this claim in state court. However, both this claim and her claim predicated on the admission of Alexis's confession into evidence fail on the merits.

Federal habeas review of prosecutorial misconduct is limited to whether the prosecutor's conduct violated due process. Thompson v. Borg, 74 F.3d 1571, 1576 (9th Cir.), cert. denied, Thompson v. White, --- U.S. ----, 117 S. Ct. 227, 136 L. Ed. 2d 159 (1996). We conclude that the prosecutor's statements did not violate due process. All of the statements in which the prosecutor referred to the codefendants as a "unit" were based upon both confessions. The prosecutor never asked the jury to use Alexis's confession against Shumway. The prosecutor's remarks when viewed in the context of the entire trial do not violate Shumway's constitutional rights.

Next, Shumway argues that Alexis's redacted confession made inculpatory references to her. A defendant is deprived of her Sixth Amendment right to confront the witnesses against her when a nontestifying codefendant's out of court confession is introduced during a joint trial. Bruton v. United States, 391 U.S. 123, 137, 88 S. Ct. 1620, 20 L. Ed. 2d 476 (1968). However, a defendant's redacted confession that omits all reference to her codefendant accompanied by a proper limiting instruction does not violate the Confrontation Clause. Richardson v. Marsh, 481 U.S. 200, 211, 107 S. Ct. 1702, 95 L. Ed. 2d 176 (1987). Redacted confessions that replace a proper name with an obvious blank, a symbol, or the word "deleted" so closely resemble an unredacted statement that they fall within Bruton's protective rule. Gray v. Maryland, --- U.S. ----, ----, 118 S. Ct. 1151, 1155, --- L. Ed. 2d ----, ---- (1998).

Alexis's redacted confession does not violate Bruton or Gray. Alexis's confession was properly redacted to remove any references to Shumway's participation in the murder. Further, the confession does not contain any blank spaces or symbols that would have led the jury to link Alexis's statements to Shumway. Finally, the court provided an appropriate limiting instruction to the jury.

Shumway argues that her counsel provided ineffective assistance by failing to object to the introduction of the "bad daughter" evidence.

To prevail on a claim of ineffective assistance of counsel, petitioner must show that her counsel's performance was deficient and that the deficient performance prejudiced her defense. Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984). There is a "strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance." Strickland, 466 U .S. at 689. A reviewing court need not address both prongs under Strickland if an insufficient showing is made under one prong. Id. at 697.

We need not consider whether counsel's performance was deficient, because Shumway cannot demonstrate prejudice. She confessed to the murder of her mother. In her redacted confession which was presented to the jury, she stated that she ground up Dilantin in a blender, added it to clam chowder, and fed the chowder to her mother. She further stated that when she later heard her mother moaning, she placed a pillow over her head to suffocate her. The "bad daughter" evidence may have made Shumway appear less sympathetic, but given her confession and her daughter's nearly identical confession, it is not reasonably probable that the outcome of the trial would have been different. See id.

AFFIRMED.


**
Honorable Tom Stagg, Senior United States District Judge for the Western District of Louisiana, sitting by designation


*
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3


1
The failure to exhaust state remedies does not deprive appellate courts of jurisdiction. Paradis v. Arave, 130 F.3d 385, 390 (9th Cir. 1997); 28 U.S.C. § 2254(b) (2.)⁵ Her Social Security Number was

535-28-4243, Social Security Applications and Claims Index lists Jimmie Jean Vansickle (Jimmie Jean Shumway) as born 11Jan1932 in Seattle, King Co., Washington and died 05Sep2003. Parents being George D.Vansickle and Suzine D. Sussman. Jimmie Jean Van Sickle died on 5 September 2003 at Kitsap Co., Washington, at age 71.

     Maude Lois Van Sickle was born on 23 March 1903 at Iowa. She married Joseph Paul Marlatt. Maude Lois Van Sickle and Joseph Paul Marlatt were divorced in 1937. Maude Lois Van Sickle died on 28 June 1968 at Sherwood, Washington Co., Oregon, at age 65.

     Marie Van Wilgen married Jeppie Jack Loverink. Marie Van Wilgen was born on 6 February 1911 at Hartford, Hartford Co., Connecticut.¹ She died on 17 March 2001 at Bancroft, Freeborn Co., Minnesota, at age 90.

     Mary Louise Van Wye married Raymond Thomas Rupel D.O., son of Maurice Eugene Rupel and Mary Elizabeth Tamplen, on 5 August 1978 at Our Lady of the Mountains Church, Estes Park, Colorado.

     Theodora Maria VanBerek also went by the name of Dorothy. She was born at Wanroij, Sint Anthonis Municipality, Noord-Brabant, Netherlands.^1,2 She married Antoon Bongers in 1891 at Holland.¹ Theodora Maria VanBerek died on 21 February 1943 at Cannon City Twsp., Rice Co., Minnesota.² She was buried at Saint Lawrence Cemetery, Faribault, Rice Co., Minnesota.²

     Blanche May Vandenburg was born in 1901 at Iowa. She married James Harrison Evans on 6 January 1922 at Lewistown, Fergus Co., Montana. The marriage of Blanche May Vandenburg and James Harrison Evans was annulled in 1923.

     Jane Vanderhoof was born circa June 1832 at New York.¹ She was the daughter of Jules Vanderhoof and Catherine (?) Jane Vanderhoof married Elisha H. Rupel, son of Peter Rupel and Christina Shumaker, on 25 November 1853.¹ Jane Vanderhoof died on 25 June 1900.¹ Ruple Family in America, 1988, by Jack D. Ruple Sr., pg 149. History of St. Joseph Co., Indiana, 1880, page 674.

     Jules Vanderhoof married Catherine (?) History of St. Joseph Co., Indiana, 1880, page 674.

     Murray Samuel Vandeusen married Lena Miller. Death Record for son Louis, gave information on parents. Murray Samuel Vandeusen was born on 13 October 1852. He died on 11 July 1908 at age 55. He was buried at St. Johns Cemetery, Red Wing, Goodhue Co., Minnesota.

     Daniel VandeZande is the son of Ronald VandeZande and Julia Anne Monhaut. Daniel VandeZande married Carol (?)

     Debra VandeZande is the daughter of Ronald VandeZande and Julia Anne Monhaut. Debra VandeZande married John Nowacki.

     Felix VandeZande married Martha Scherperal.

     James VandeZande is the son of Ronald VandeZande and Julia Anne Monhaut. James VandeZande married Loretta (?)

     Ronald VandeZande was born on 11 September 1933 at South Bend, St. Joseph Co., Indiana. He was the son of Felix VandeZande and Martha Scherperal. Ronald VandeZande married Julia Anne Monhaut, daughter of John Baptist Monhaut and Mary Alice Shimp, on 8 September 1951 at Indiana.^1,2 Ronald VandeZande died on 9 February 2002 at South Bend, St. Joseph Co., Indiana, at age 68. He was cremated on 15 February 2002 at South Bend, St. Joseph Co., Indiana.

Obituary for Ronald P. Vande Zanda, 1933-2002 (Aged 68) -
Ronald P. Vande Zanda

Sept. 11, 1933 -Feb. 9. 2002 Ronald Phillip Vande Zande, 68, of Georgetown Apts., South Bend, moved past his battle with cancer at his home on Saturday, February 9, 2002. He was born on September 11, 1933, in South Bend, to Felix and Martha (Scherperal) Vande Zande, both preceding him in death. He was also preceded in death by a brother, Charles. Ron and wife Julia were married on September 8, 1951, and celebrated 50 years of marriage together this past year, 2001. In 1996, after 45 years of exceptional talent within South Bends Tool & Die Industry, Ron retired with Julia to their cabin retreat on Greenling Lake in Bitely, Michigan. Ron enjoyed spending time with Julia, riding motorcycles, and leisurely walking the beaches of Florida. Ron nourished a loving family, beginning with his wife, Julia, their first son, Daniel, and family, his wife, Carol, and sons, Danny and Jason. Danny and his wife, Missy, gifted Ron with his first great-grandson, Jarod on December 23, 2001. Rons second son, James, and his wife and daughter, Loretta and Olivia. Rons daughter, Debra, with her husband, Dean Munt, and their two children, Justin and Dylan. Completing their family with daughter, Ronnie Sue, and her husband, Dave Bennett, and son, Corey. Also surviving are four brothers, Edward and Eugene, both of South Bend, Jack of Edwardsburg, Ml., and Robert of Fort Wayne. Family and friends are welcomed for a tender remembrance of Ron at St. Joseph Funeral Home, 824 South Mayflower Road, today, February 12, between the hours of 6:00 to 8:00 p.m. Julia has asked memorial contributions be presented to Hospice of St. Joseph County, 111 Sunnybrook Court, South Bend, for their dedicated support. We love you Dad."³

     Ronda Sue VandeZande is the daughter of Ronald VandeZande and Julia Anne Monhaut. Ronda Sue VandeZande married James Allen Dill on 19 July 1986 at Lydick, St. Joseph Co., Indiana. Ronda Sue VandeZande married David Scott Bennett on 26 August 1997 at LaPorte Co., Indiana.

     Catherine VanHook married Cornelius Hoogland, son of Elbert Hoogland and Catalina Bennet.

     Male Vann married Kimmie L. Gelinas, daughter of Robert H. Gelinas and Marjorie Delores Reyna.

     Tolthan Ann Vann was born on 28 April 1852 at Evening Shade, Sharp Co., Arkansas. She married Marshall Lafayette Parks, son of Marshall Lafayette Parks and Mary H. Williams, on 26 December 1868.¹ Tolthan Ann Vann died on 14 February 1902 at Centerville, Reynolds Co., Missouri, at age 49.

     Marcia May VanSlyke was born on 23 May 1888 at Illinois.¹ She married William Howard Longley, son of William H. Longley and Helen Louise Searle, before 1930. Marcia May VanSlyke died in September 1976 at Michigan at age 88.¹ She was buried at Eastlawn Cemetery, Lake Orion, Oakland Co., Michigan.¹

     Hendric Vanwaganen was the son of Hendrick Vanwaganen and Annetje Hoogland.