943 F.2d 51 (6th Cir. 1991), 90-2017, Hartford v. Haskell

Docket Nº:90-2017, 90-2122.
Citation:943 F.2d 51
Party Name:Albert HARTFORD, Jr., Plaintiff-Appellant, v. David HASKELL, Defendant-Appellee.
Case Date:September 04, 1991
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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Page 51

943 F.2d 51 (6th Cir. 1991)

Albert HARTFORD, Jr., Plaintiff-Appellant,

v.

David HASKELL, Defendant-Appellee.

Nos. 90-2017, 90-2122.

United States Court of Appeals, Sixth Circuit

September 4, 1991

         Editorial Note:

         This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA6 Rule 28 and FI CTA6 IOP 206 regarding use of unpublished opinions)

        On Appeal from the United States District Court for the Eastern District of Michigan, No. 90-71131; Anna Diggs Taylor, J.

        E.D.Mich.

        AFFIRMED.

        Before RALPH B. GUY, Jr. and RYAN, Circuit Judges, and KRUPANSKY, Senior Circuit Judge.

        PER CURIAM.

        Petitioner-appellant, Albert Hartford, Jr. (petitioner), appealed the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Michigan prison warden David Haskell (the State) cross-appealed the district court's retroactive application of the Supreme Court's decision in Cruz v. New York, 481 U.S. 186, 107 S.Ct. 1714 (1987), to the adjudication of petitioner's constitutional claims.

        Petitioner was indicted, tried, and convicted for the March 15, 1980 murder of one Darlene Ramsey (Ramsey), who on the night of her death was the cashier at Richardson's Farm Dairy Store in Clarkston, Michigan. At approximately 11:00 p.m. on the night in controversy, a masked gunman entered the store, confronted Ramsey who, seeing that the individual was armed, fled into the rear of the premises for safety, locked the door behind her, and alerted store manager Charmaine Klaus (Klaus)--who was seated at her desk--of the presence of the masked intruder. Before Klaus could summon the police on the phone, the gunman shot his way through the locked door, striking Ramsey with one of the bullets. Klaus abandoned her effort to call the police, took a .38 caliber revolver from her desk, and fired the weapon at the assailant.

        The masked gunman, meanwhile, stood immediately over Ramsey, who was wounded and supine on the floor, placed his gun to her temple, and fired once from point-blank range. He then turned on Klaus, fired twice, and exited through the store's back door. Klaus was hit but was not fatally wounded; Ramsey was dead.

        Physical evidence significant in both quantity and quality implicated petitioner as the individual who fired...

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