Baugh v. Campbell
| Decision Date | 17 December 2021 |
| Docket Number | Case No. 1:19-cr-10032 |
| Citation | 581 F.Supp.3d 892 |
| Parties | Jimmy BAUGH, Petitioner, v. Sherman CAMPBELL, Respondent. |
| Court | U.S. District Court — Eastern District of Michigan |
Christopher J. McGrath, Eastern District of Michigan, Flint, MI, for Petitioner.
Jared D. Schultz, Michigan Department of Attorney General, Lansing, MI, for Respondent.
Petitioner Jimmy Baugh, confined at the G. Robert Cotton Correctional Facility in Jackson, Michigan, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. See Pet., ECF No. 1. In his pro se application, he challenges his state jury trial convictions for felony murder, MICH. COMP. LAWS § 750.316(1)(b) ; felon in possession of a firearm, id. § 750.224f; and possession of a firearm during the commission of a felony, id. § 750.227b. For the reasons stated hereafter, the Petition will be denied.
On December 3, 2001, the victim in this case, Mr. Craig Land, was shot to death on the eastern sidewalk of Hayes Street, between Maddelein Street and East Seven Mile Road in Detroit. The next day, the police arrested Robert Kwanniewski ("Lucky"), Jimmy Baugh ("Petitioner"), Ricky Sailes ("Slick"), and Lafayette Dearing ("Laf") for an unrelated carjacking.1 In Lucky's pocket, however, was a .22 shell casing—the same type of bullet that killed Craig Land. See Jury Trial Tr. Vol. II, ECF No. 10-8 at PageID.763.
In March 2022, while detained, Petitioner, Lucky, and Slick gave statements to officers from the Detroit Police Department regarding the homicide. Slick and Laf pleaded guilty to the carjacking offenses. Petitioner and Lucky still faced the carjacking charges, in addition to charges for first-degree felony murder, felon in possession of a firearm, and possession of a firearm during the commission of a felony. See Register of Actions, ECF No. 10-1 at PageID.218; First Prelim. Hr'g Tr., ECF No. 10-2 at PageID.262.
On April 24, 2002, Judge Norma Dotson from the Thirty-Sixth District Court of Michigan conducted the preliminary examination for Petitioner and Lucky. See generally First Prelim. Hr'g Tr., ECF No. 10-2. Wayne County Prosecutor Felepe Hall first called Slick as a witness, who testified that he did not know Petitioner or Lucky, which he has since acknowledged was false. Id. at PageID.226–28. Next, Prosecutor Hall called Officer Derryck Thomas, who testified about the details of his March 16, 2002 interview with Lucky,2 which Judge Dotson excluded against Petitioner as inadmissible hearsay. Id. at PageID.229–43. Finally, Hall called Detective JoAnn Miller of the Detroit Police as a witness, who testified about the details of her interview with Petitioner,3 which Judge Dotson excluded against Lucky as inadmissible hearsay. Id. at PageID.243–59. Neither Lucky nor Petitioner testified at the probable-cause hearing. As indicated, even if they had sought to do so, their testimony was inadmissible hearsay against each other because they were codefendants. See Second Prelim. Hr'g Tr., ECF No. 10-3 at PageID.281–82. After considering the evidence presented, Judge Dotson found probable cause against Lucky for the homicide, and she dismissed the case against Petitioner for lack of probable cause under Michigan Court Rule 6.110(F).4 First Prelim. Hr'g Tr., ECF No. 10-2 at PageID.263.5
What happened next to Petitioner, or why it occurred, is not altogether clear. On June 24, 2002, the homicide-related charges were once again brought against Petitioner, and his second preliminary examination was scheduled for July 18, 2002. See Register of Actions, ECF No. 10-1 at PageID.218. However, in the interim between the two preliminary examinations, Wayne County Prosecutor Augustus Hutting6 made a plea offer to Lucky after Judge Dotson bound him over for trial on the homicide. In sum, Prosecutor Hutting agreed to dismiss Lucky's three carjacking charges and charge him with second-degree murder instead of first-degree murder, leaving him subject to 18 to 40 years’ imprisonment instead of a life sentence and more, but only if he testified against Petitioner and implicated him as Craig Land's assailant. See Jury Trial Tr. Vol. I, ECF No. 10-7 at PageID.384; Second Prelim. Hr'g Tr., ECF No. 10-3 at PageID.267–68, 270, 285. As Prosecutor Hutting later admitted, he coordinated with Lucky to make all this happen. See Second Prelim. Hr'g Tr., ECF No. 10-3 at PageID.280–82. Indeed, on June 20, 2002, Lucky pleaded guilty to second-degree murder. See id. at PageID.285. Four days later, Prosecutor Hutting submitted a new warrant for Petitioner, who was arraigned before Judge Robert K. Costello on July 6, 2002. See Register of Actions, ECF No. 10-1 at PageID.218.
On July 18, 2002, Judge Mark A. Randon conducted Petitioner's second preliminary examination despite objections. See generally Second Prelim. Hr'g Tr., ECF No. 10-3. First, Petitioner's trial counsel, Mr. James O'Donnell, objected that Judge Dotson should conduct the second preliminary examination, because MCR 6.110(F) requires a refiled case to be "reheard by the same Magistrate or Judge who heard the first case." Id. at PageID.268. Referring to MCR 8.111(C),7 Judge Randon responded by explaining that MCR 6.110(F) "allows an exception when there's a temporary absence of a Judge and the Chief Judge reassigns the case." Id. Judge Randon elaborated that he "had a conversation with the Chief Judge" who "indicated that she [would] reassign the case to [him] in the absence of Judge Dotson, who[ ] [was] out on vacation." Id. Attorney O'Donnell correctly replied that MCR 8.111(C) provides that when the chief judge designates a judge to act temporarily during the temporary absence of the assigned judge, the case returns to the assigned judge upon that judge's return. See id. at PageID.268–69. Relying on "the purpose of the exception," Judge Randon stated that "[i]f [Judge Dotson] was coming back tomorrow it might be a different matter" and proceeded to entertain evidence. Id. at PageID.270. As Prosecutor Hutting added, Judge Dotson was expected to return in 11 days. See id.
Part and parcel to his plea bargain, Lucky testified at Petitioner's second preliminary examination, implicating Petitioner as Craig Land's shooter. See generally id. at PageID.284–329. First, Lucky testified as to the nature of his plea bargain to testify against Petitioner. Id. at PageID.285. Then, as relevant, Lucky gave testimony that is mostly consistent with the written statement he gave to Officer Thomas on March 16, 2002. See discussion supra note 2. His testimony is different in that he stated that Petitioner exited the Jeep before telling Craig Land to "run your shit." Id. at PageID.293. In addition, Lucky testified with much more detail than his written statement about the details of the actual shooting, adding that Petitioner first shot Craig Land in the leg, that Craig Land got up after the first shot, and that Petitioner shot Craig Land the second time "for bullshitting." Id. at PageID.294.
Based on Lucky's testimony, Judge Randon found probable cause against Petitioner for first-degree felony murder. See id. at PageID.338–39. Consequently, Petitioner was bound over to the Third Judicial Circuit Court of Michigan on the homicide-related charges, where Judge Gregory D. Bill conducted the remainder of Petitioner's trial-court proceedings. See Register of Actions, ECF No. 1 at PageID.218–19; see also Arraignment, ECF No. 10-4; Final Pretrial Conference Vol. I, ECF No. 10-5; Final Pretrial Conference Vol. II, ECF No. 10-6; Jury Trial Tr. Vol. I, ECF No. 10-7; Jury Trial Tr. Vol. II, ECF No. 10-8; Jury Trial Tr. Vol. III, ECF No. 10-9; Jury Trial Tr. Vol. IV, ECF No. 10-10; Sentencing Hr'g Tr., ECF No. 10-11.
Petitioner's jury trial before Judge Bill began on January 13, 2003. See Jury Trial Tr. Vol. I, ECF No. 10-7 at PageID.371.
Just before the trial began, Prosecutor Hutting submitted a surprise written statement from Lucky's mother, the date of which is not in the record. See id. at PageID.376. Her statement said that, the day after Craig Land's homicide Petitioner "bragged" to her that he shot a person, and that she was not sure whether the victim was Craig Land. See id. at PageID.379–81. When Judge Bill asked why Prosecutor Hutting was submitting the statement "so late," he replied, Id. at PageID.382. Attorney O'Donnell explained that the written statement was made "about a separate incident by the mother of [Lucky] who's accused of the crime who's now coming in and ... testifying against [Petitioner]." Id. at 379. Indeed, her written statement describes an incident in which Petitioner allegedly stole a man's "chain," shot him, then told Lucky's mother, who later apparently located the victim. See Jury Trial Tr. Vol. II, ECF No. 10-8 at PageID.615–16.
That written statement conflicted with a separate statement she gave to the police, alleging that she saw Petitioner shoot Craig Land from the gas station where Petitioner and Lucky first spotted him. See id. at PageID.616. Yet Judge Bill admitted Lucky's mother's written statement over Petitioner's trial counsel's strong objection and gave trial counsel "the lunch hour" to prepare for it. Jury Trial Tr. Vol. I, ECF No. 10-7 at PageID.375–82.
In addition, Judge Bill would not allow defense counsel to inform the jury of the substantial nature of Lucky's plea bargain, which supplanted a mandatory life sentence with a sentence of 18 to 40 years. See id. at PageID.390–92. As indicated, because Lucky had pled guilty, Prosecutor Hutting could use him to testify against Petitioner. See Second Prelim. Hr'g Tr., ECF No. 10-3 at PageID.282. Instead, Judge Bill limited Attorney O'Donnell "to make reference to the fact there's an agreement." Jury...
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