Bell v. Ludwick

Decision Date26 January 2012
Docket NumberCASE NO. 5:09-CV-14423
PartiesJAMES BELL, #201585, Petitioner, v. NICK LUDWICK, Respondent.
CourtU.S. District Court — Eastern District of Michigan

JAMES BELL, #201585, Petitioner,
v.
NICK LUDWICK, Respondent.

CASE NO. 5:09-CV-14423

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date: January 26, 2012


HONORABLE JOHN CORBETT O'MEARA

OPINION AND ORDER DENYING THE PETITION FOR A WRIT OF HABEAS
CORPUS, DENYING A CERTIFICATE OF APPEALABILITY, AND
DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL

I. Introduction

This is a habeas case brought pursuant to 28 U.S.C. § 2254. Michigan prisoner James Bell ("Petitioner") was convicted of first-degree murder, MICH. COMP. LAWS § 750.316, following a jury trial in the Wayne County Circuit Court and was sentenced to life imprisonment without the possibility of parole in 2005. In his pleadings, Petitioner raises claims concerning the admission of other acts evidence, the sufficiency of the evidence and the denial of a directed verdict motion, the effectiveness of appellate counsel, and a request for transcripts. For the reasons set forth herein, the Court denies the petition for a writ of habeas corpus. The Court also denies a certificate of appealability and denies leave to proceed in forma pauperis on appeal.

II. Facts and Procedural History

Petitioner's conviction arises from the death of his girlfriend, LaShonda Monroe, in Detroit, Michigan in 2004. The Michigan Court of Appeals summarized the case as follows:

On September 13, 2004, the dead body of a female was found wrapped in plastic

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bags in the basement of an abandoned house. On October 6, 2004, defendant was approached by a police officer while standing in the middle of the road. When he moved to the side of the road, defendant stated to the officer that he had killed his girlfriend and placed her body in a basement. Defendant then directed officers to the abandoned home where the body had previously been found and was charged with murder shortly thereafter. Defendant was convicted by jury of first-degree premeditated murder and sentenced to life in prison without parole.

People v. Bell, No. 263184, 2006 WL 3422553, *1 (Mich. Ct. App. Nov. 28, 2006) (unpublished).

At trial, Charles Jackson testified that he found the body of a woman wrapped in plastic in the basement of a vacant house on September 13, 2004. He flagged down police officers and directed them to the body. Detroit Police Officer Rhonda Lewis testified that she was working on the street when Mr. Jackson flagged her down and directed her to an abandoned house. She observed a body wrapped in a black garbage bag at the bottom of the stairs of the basement. She contacted Homicide detectives and preserved the scene.

Detroit Police Officer Matthew Guigar testified that he was working routine patrol on October 6, 2004 when he observed Petitioner standing in the middle of the road at approximately 4:30 a.m. When he asked Petitioner if he needed assistance, Petitioner stated that he had killed his girlfriend and buried her in a basement. Guigar took Petitioner to the 13th Precinct and called the Homicide Section. Guigar spoke with Petitioner at the station. Petitioner then directed the police to the abandoned house. There was no body when they arrived at the house, but Guigar saw yellow tape and blue latex gloves, which led him to believe that other officers might have removed the body sometime earlier. Guigar subsequently contacted the Medical Examiner's Office and the Homicide Section and obtained additional information. He then arrested Petitioner.

Teresa Tyson testified that she knew Petitioner from her apartment building and that she knew a woman named Lashonda who lived with Petitioner at various times. She recalled that

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Petitioner asked her for tape one day in August, 2004. Later that day, she observed him carrying black garbage bags. She said that he had a funny look on his face and gauze on his neck. She later observed scratches on his neck.

Dr. Melissa Pasquales Styles from the Wayne County Medical Examiner's Officer testified that, at the time of autopsy, the victim was wrapped in two large black plastic garbage bags and her wrists were duct taped tightly together in front of her abdomen. The body was in an advanced state of decomposition and it was estimated that she had been dead for several weeks. There was no evidence of gunshot or stab wounds. There were traces of alcohol and drugs in her system, but there was no indication that those substances or natural disease played a part in her death. The manner of death was classified as a homicide and the cause of death was violence of undetermined etiology due to the body's decomposition. Dr. Styles testified that 50% of women who suffer manual strangulation have neck fractures, but the victim had no visible neck fractures. She further testified that it could take several minutes for someone to die after being choked.

Detroit Police Investigator Barbara Simon testified that she advised Petitioner of his constitutional rights and took his statement. Petitioner told her that he and the victim had been boyfriend and girlfriend for about a year and moved around a lot. Sometime in September, 2004, they got into an argument over money which escalated into a physical altercation. He grabbed the victim by the neck, pushed her against a wall, and choked her until she passed out. He laid her on the bed and left the house for a period of time. When he returned, he wrapped the victim's body in a plastic bag and took it to the basement of a vacant house. Petitioner also told Simon that he had choked someone to death before, that he confessed to the crime, that he was sentenced to 8 to 15 years in prison, and that he served eight years and was released in 1995. He also identified some

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jewelry and clothing items worn by the victim.

Detroit Police Evidence Technician Eugene Fitzue testified that he went to the scene on September 13, 2004 and observed a decomposed body wrapped in duct tape. He also went to Petitioner's apartment where he found a heavy mill black plastic bag and a black plastic bag in the dining room. He observed drops of blood under a carpet remnant.

Teresia Brown testified that she had a romantic relationship with Petitioner for several years. While they were living together in June, 2002, she and Petitioner got into an argument over money. Petitioner put his hands around her throat and choked her. He stopped when she threw the money on the ground. He threatened to hit her, but did not threaten to kill her. She reported the incident to the police.

Eddie Williams testified that he owned the apartment building where Petitioner lived. In September of 2004, he observed a bucket of blood with a shirt in it in the bathtub and some blood on the mattress. He told Petitioner to clean it up. He also observed gauze on Petitioner's neck and wrists a week or so later.

After the prosecution rested, defense counsel moved for a directed verdict. The trial court denied the motion. Petitioner did not testify at trial and did not present additional witnesses. The jury convicted Petitioner of first-degree murder. The trial court sentenced him to the mandatory term of life imprisonment without the possibility of parole.

Following sentencing, Petitioner filed an appeal of right with the Michigan Court of Appeals asserting that: (1) the trial court erred in admitting other acts evidence under Michigan Rule of Evidence 404(b), and (2) the trial court erred in admitting his incriminating statements into evidence because the corpus delicti of murder had not been established and erred in denying his directed

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verdict motion. The court denied relief on those claims, finding that the first had been waived and the second had been defaulted and lacked merit, and affirmed Petitioner's conviction. People v. Bell, No. 263184, 2006 WL 3422553 (Mich. Ct. App. Nov. 28, 2006) (unpublished). Petitioner filed an application for leave to appeal with the Michigan Supreme Court, which was denied. People v. Bell, 477 Mich. 1114, 729 N.W.2d 873 (2007).

Petitioner then filed a motion for relief from judgment with the state trial court asserting that: (1) appellate counsel was ineffective for failing to obtain transcripts relevant to his other acts claim and for failing to inform him of issues and strategies, (2) he was never legally established as being the criminal agency that caused the victim's death, and (3) the prosecution failed to establish beyond a reasonable doubt that he was the cause of the victim's death. The trial court denied the motion, ruling that Petitioner had not shown that appellate counsel was ineffective and that the other two claims had been decided against him on direct appeal. People v. Bell, 04-012850-01 (Wayne Co. Cir. Ct. May 8, 2008) (unpublished). Petitioner filed a delayed application for leave to appeal with the Michigan Court of Appeals, which was denied for failure to "meet the burden of establishing entitlement to relief under MCR 6.508(D)." People v. Bell, No. 287039 (Mich. Ct. App. Jan. 22, 2009) (unpublished). Petitioner filed an application for leave to appeal with the Michigan Supreme Court, which was similarly denied. People v. Bell, 485 Mich. 890, 772 N.W.2d 412 (2009).

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