Bulls v. Jones
| Decision Date | 22 February 2000 |
| Docket Number | No. 99-CV-73698-DT.,99-CV-73698-DT. |
| Citation | 86 F.Supp.2d 746 |
| Parties | Jabbar Priest BULLS, Petitioner, v. Kurt JONES, Respondent. |
| Court | U.S. District Court — Eastern District of Michigan |
Petitioner Jabbar Priest Bulls, a state prisoner confined at the Carson City Correctional Facility in Carson City, Michigan and represented by the State Appellate Defender Office ("SADO"), has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted of first-degree felony murder, assault with intent to rob while armed, and felony firearm following a jury trial in the Genesee County Circuit Court in 1997. He was sentenced to life imprisonment without parole on the murder conviction, 25-50 years imprisonment on the assault with intent to rob conviction, and two years imprisonment on the weapon conviction.
In his petition, Petitioner claims that the trial court violated his Confrontation Clause rights by admitting the un-redacted statements of a non-testifying co-defendant as evidence against him at trial. Petitioner also claims that the Michigan Court of Appeals' conclusion that such error was harmless is contrary to federal law and/or constitutes an unreasonable application of that law. For the reasons stated below, the petition for a writ of habeas corpus is CONDITIONALLY GRANTED.1
Petitioner's convictions stem from the shooting death of Jermaine Johnson during an armed robbery at his home in Flint, Michigan on August 24, 1995. Petitioner was tried with the co-defendant Terance Hill, the alleged look-out for the robbery. Deonte Matthews, the alleged shooter and third participant in the robbery, was not brought to trial.
The testimony presented at trial revealed that Mr. Johnson's neighbors overheard the robbery and shooting occur, saw two men flee the scene, and contacted police. When police arrived, they found Mr. Johnson dead in his home from a shotgun wound to his head. Based upon the neighbors' description of one of the fleeing men, police picked up Terance Hill who was walking a few blocks from Mr. Johnson's home. Mr. Hill denied knowledge of the robbery, did not exhibit evidence of involvement in the robbery, and was released from custody.
One year later, Mekia Randle, Petitioner's ex-girlfriend, informed police that Petitioner had told her about his participation in the robbery of Mr. Johnson. Ms. Randle described aspects of the incident that had not been revealed to the public. Based upon her report, Petitioner was arrested and brought in for questioning. While in police custody, Petitioner made statements to the investigating officers implicating himself, Terance Hill, and Deonte Matthews in the robbery. Police subsequently arrested Mr. Hill and Mr. Matthews. While in custody, Mr. Hill made several statements to police implicating Petitioner and Mr. Matthews in the robbery. He downplayed his own role in the incident.2
During trial, over defense objection, the trial court admitted the un-redacted statements of both Petitioner and Mr. Hill into evidence even though neither defendant testified. Police Sergeant Rick Warren recounted his interviews with Petitioner and Mr. Hill and read their formal statements into evidence at trial.
According to Sergeant Warren, Petitioner initially denied being involved in the robbery, but admitted his participation when confronted with a partial tape recording of Ms. Randle's police interview. In his formal statement, Petitioner explained that Mr. Johnson approached him on the street and sexually propositioned him. Petitioner accompanied Mr. Johnson to his home, but made an excuse to leave before engaging in any sexual acts, indicating that he would return at a later time. Petitioner then walked to Mr. Matthews' house and proposed the robbery to Mr. Matthews and Mr. Hill. Petitioner admitted that he asked Mr. Matthews if he had a gun and Mr. Matthews retrieved a shotgun from his house to use during the robbery. Petitioner, Mr. Matthews, and Mr. Hill walked to Mr. Johnson's house. When Mr. Johnson answered the door, Petitioner and Matthews pushed their way into the house while Mr. Hill remained outside as a look-out.
Once inside the house, Mr. Matthews held the gun on Mr. Johnson while Petitioner began searching the house. While Petitioner was preparing to search an upstairs bedroom, Mr. Matthews attempted to search another room. Petitioner then heard footsteps running down the stairs followed by a gunshot. Petitioner went to the top of the stairs and saw Mr. Johnson lying at the bottom of the stairs with a head injury. Petitioner asked Mr. Matthews why he had fired the shotgun. Mr. Matthews replied that Mr. Johnson had tried to run. Petitioner then ran down the stairs, left the house, and fled to Mekia Randle's house. Petitioner told Ms. Randle what had occurred the next morning. In a subsequent statement to police, Petitioner also admitted that Mr. Matthews had taken a watch from Mr. Johnson's home, but threw it in some bushes after they fled the scene. Sergeant Warren acknowledged that Petitioner never expressed an intent to shoot or kill Mr. Johnson.
Sergeant Warren also interviewed Mr. Hill following his arrest. Mr. Hill initially denied knowing about the robbery, but admitted being involved when confronted with information obtained from the other interviews. In his statements to police, Mr. Hill indicated that Petitioner proposed the robbery to him and that the initial plan was for Petitioner to gain access to Mr. Johnson's house, to beat and tie up Mr. Johnson, and then let Mr. Hill into the house to help him carry out clothing, jewelry, electronic equipment, and other valuables. Petitioner and Mr. Hill encountered Mr. Matthews while walking to Mr. Johnson's house. Petitioner and Mr. Matthews spoke and Petitioner informed Mr. Hill that Mr. Matthews was going to join them. Mr. Matthews ran back to his house, and Petitioner told Mr. Hill that Mr. Matthews had "some heat" and that it would be easier to commit the robbery with a gun. According to Mr. Hill, Petitioner also stated, "We're going to be okay, as long as he [Mr. Matthews] doesn't kill him." Mr. Hill claimed that once Petitioner and Mr. Matthews entered Mr. Johnson's house, he walked away instead of serving as a look-out. Mr. Hill recounted this information in his formal police statement. Mr. Hill also denied seeing Petitioner or Mr. Matthews with a gun before the robbery. Mr. Hill admitted approaching Mr. Johnson's house with Petitioner and Mr. Matthews, but reiterated that he abandoned the robbery when the others entered the house. Mr. Hill denied being present when the shooting occurred and stated that he only learned what had transpired when he spoke to Mr. Matthews the day after the robbery.
As noted, neither Petitioner nor Mr. Hill testified at trial. At the close of trial, defense counsel argued that although Petitioner participated in the robbery, he did not intend for a shooting to occur and thus did not possess the requisite malice to be convicted of first-degree murder. The jury, however, found Petitioner guilty of first-degree felony murder, assault with intent to rob while armed, and felony firearm. The trial court sentenced Petitioner to life imprisonment without parole, 25-50 years imprisonment, and two years imprisonment on those convictions, respectively.
Following his convictions and sentencing, Petitioner filed an appeal as of right with the Michigan Court of Appeals, asserting that the trial court erred in admitting co-defendant Hill's un-redacted out-of-court statement at their joint trial and that insufficient evidence was presented to support his felony firearm conviction. The Court of Appeals affirmed Petitioner's convictions in an unpublished, per curiam opinion. People v. Bulls, No. 202149 (Mich.Ct.App. Sept. 25, 1998). Petitioner filed an application for leave to appeal with the Michigan Supreme Court raising the same issues, which was denied in a standard order. People v. Bulls, 460 Mich. 863, 598 N.W.2d 341 (1999).
Petitioner, through counsel, filed the present habeas petition on July 27, 1999, raising the following claims as grounds for relief:
I. The trial court violated the Sixth Amendment Confrontation Clause by admitting, over objection, the non-testifying co-defendant's statements as evidence against Mr. Bulls.
A. The trial court committed a patent Bruton error by admitting the non-testifying co-defendant's police statements as evidence of Mr. Bulls' guilt.
B. The error cannot be harmless as the co-defendant's statement devastated Mr. Bulls' defense to the felony murder count.
Respondent filed an answer to the petition on December 30, 1999, asserting that the habeas petition should be dismissed for lack of merit. Petitioner filed a reply brief on January 4, 2000. Oral argument was held on February 10, 2000.
The provisions of the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), Pub.L. No. 104-132, 110 Stat. 1214 (April 24, 1996), govern this case because Petitioner filed his habeas petition after the AEDPA's effective date. See Lindh v. Murphy, 521 U.S. 320, 336, 117 S.Ct. 2059, 138 L.Ed.2d 481 (1997). The AEDPA provides:
An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim
(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or
(2) resulted in a decision that was based on an unreasonable determination of the facts in...
To continue reading
Request your trial
-
Hill v. Hofbauer
...error ruling in the district court below. The district court found the error not harmless and granted the writ. Bulls v. Jones, 86 F.Supp.2d 746, 754 (E.D.Mich.2000). We affirmed, finding the error not harmless because the admission of Hill's statement tended to show that Bulls knew there "......
-
Hill v. Hofbauer
...in the robbery, was not brought to trial. The following facts are adapted in part from this Court's decision in Bulls v. Jones, 86 F.Supp.2d 746, 747-49 (E.D.Mich.2000). The testimony presented at trial revealed that Mr. Johnson's neighbors overheard the robbery and shooting, saw two men fl......
- Verran v. U.S.