Camel v. Palmer

• Decision Date: 13 June 2016
• Docket Number: CASE NO. 2:14-CV-12591
• Parties: TREVEON CAMEL, Petitioner, v. CARMEN PALMER, Respondent.
• Court: U.S. District Court — Eastern District of Michigan

TREVEON CAMEL, Petitioner, v. CARMEN PALMER, Respondent.

CASE NO. 2:14-CV-12591

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

June 13, 2016

HONORABLE NANCY G. EDMUNDS

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 under 28 U.S.C. § 2254. Michigan prisoner Treveon Camel ("Petitioner") was convicted of second-degree murder, MICH. COMP. LAWS § 750.317, carrying a concealed weapon, MICH. COMP. LAWS § 750.227, and possession of a firearm during the commission of a felony, MICH. COMP. LAWS § 750.227b, following a jury trial in the Saginaw County Circuit Court. He was sentenced to 25 to 40 years imprisonment on the murder conviction, a concurrent term of two to five years imprisonment on the concealed weapon conviction, and a consecutive term of two years imprisonment on the felony firearm conviction in 2009. In his petition, he raises claims concerning the sufficiency of the evidence, the conduct of the prosecutor and the right to be free from self-incrimination, the effectiveness of trial counsel, and the effectiveness of appellate counsel. 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 convictions arise from the shooting death of 15-year-old Cquaton Holmes during an altercation in Saginaw, Michigan in 2007. The Court adopts the statement of facts set forth by defense counsel on direct appeal to the extent that those facts are consistent with the record. The facts are as follows:

Michael East testified that on July 5, 2007, he was employed as a patrol officer for the City of Saginaw. (T.T. Vol. II p. 31) He was dispatched to South Warren and Emerson in reference to a shooting victim. (T.T. Vol. II p. 32) He observed a person lying in a field. The person was deceased with wounds in the arm, back, and chest. (T.T. Vol. II p. 33) He did not change the position of the body. (T.T. Vol. II p. 36)

Dr. Kanu Virani testified and was qualified by the trial court as an expert in forensic pathology. (T.T. Vol. II p. 41-44) He performed an autopsy on July 6, 2007 on a Cquaton Holmes. (T.T. Vol. II p. 44) There were bullet wounds to the back and to the front on the arm. (T.T. Vol. II p. 45) There was an entrance wound to the right side of the back. (T.T. Vol. II p. 47) The exit wound was to the left side of the front of the chest. (T. T. Vol. II p. 48) The cause of the death was a gunshot wound to the back and the manner of the death was homicide. (T.T. Vol II p. 51) Dr. Virani expected the individual to remain conscious for about 30 seconds after receiving such a wound to the back that perforated the lungs and aorta. (T. T. Vol. II p. 52)

James Vondette was employed in the identification bureau of the Saginaw City Police Department on July 5, 2007. (T.T. Vol. II p. 67) He was called to the homicide scene and observed the body covered by a sheet and a large crowd of people present. (T.T. Vol. II p. 68) The scene was taped up to keep the people out. When the body was removed he received a small revolver from the victim's right front pocket. (T.T. Vol. II p. 69) It was a 38 special revolver. It was sent to the Michigan State Police crime lab for testing. (T.T. Vol. II p. 70) He was directed to 820 Emerson. (T.T. Vol. II p. 71) He photographed two spent fired cartridge casings. (T.T. Vol. II p. 72) He also photographed a bicycle that he was informed belonged to the victim. (T.T. Vol. II P. 72) The casings were also sent to the Michigan State Police Crime Lab. (T.T. Vol. II p. 75) He searched the area and did not find anything else of interest. (T.T. Vol. II p. 77)

Sabrina Barnes testified that on July 5, 2007, she was at her home on 909 South Warren Street. (T.T. Vol. II B p. 3-4) She was sitting in her car in the driveway when she heard three or four gunshots. (T.T. Vol II B p 4-5) She then saw "Twon" running in a field towards her house. Then he spun around and fell. She and her sister called an ambulance. She was sure that the person she saw was Cquaion Holmes. (T.T. Vol. II B p. 6-7)

Ashley Romero testified that in the summer of 2007, she was living at 820 Emerson Street. (T.T. Vol. II B p. 10) Defendant-Appellant was her boyfriend. (T.T. Vol II B p. 11) On July 5, 2007, Defendant-Appellant was at her home from 3:00 that afternoon until the evening news was over. (T.T. Vol. II B p. 14) She thought he was going out to his car for his phone but he didn't return right away. (T.T. Vol II B p. 15-17) Instead he left his car with Darquavious Miree. (T.T. Vol. II B p. 19) She heard the car return and then she could hear Cquaton's voice speaking loudly. She went out on the porch. (T.T. Vol. II B p. 20-2 l) She saw Cquaton and Defendant-Appellant. (T.T. Vol. II B p. 23) Cquaton was walking away with his bicycle. He called Defendant-Appellant a bitch. (T.T. Vol. II B p. 25) Defendant-Appellant pulled the trigger four times of his black semiautomatic handgun. (T.T. Vol. II B p. 26) Cquaton dropped the bike and grabbed his let arm. (T.T. Vol. II B 27) Before shorts were fired, he turned towards Defendant- Appellant and called him a bitch. (T.T. Vol. II B p. 28) She did not see anything other than the bicyc;le in Cquaton's hands. (T.T. Vol. II B p. 29) After the shots were fired, he dropped the bike and ran to the field. (T.T. Vol. II B 29) Defendant-Appellant ran to the back of her house. She could not see whether he had a gun. (T.T. Vol II B p. 32) He was behind the house for thirty seconds. (T.T. Vol. II B p.33) Defendant-Appellant then pulled out of Ms. Romero's driveway. She asked him to return her cell phone and he tossed it out the car window on her front lawn. (T.T. Vol. II B p. 35-36) She had never seen him carry a gun before. (T.T. Vol. II B p. 38)

Darquavious Miree testified that on July 5, 2007, he was on Emerson Street. (T.T. Vol. II B p. 66) He saw Defendant-Appellant at Ashley Romero's house. (T.T. Vol. II B p. 67) He asked Defendant-Appellant for a ride to the store and he agreed to take him. (T.T. Vol. II B p. 68) They had stopped on Brown Street on the way to the store. They saw four or five people on that street and they talked to them. These people included Kenarious and Cquaton Holmes. (T.T. Vol. II B p. 70) Defendant-Appellant asked Kenarious if he had stole his radio and Cquaton took offense to this. There was an agreement that they would meet on Emerson and fight there. (T.T. Vol. II B p. 71-72) When they returned to Emerson they saw Cquaton riding his bicycle towards them. Mr. Miree left to walk towards his friend's home. (T.T. Vol. II B p. 75-76) Mr. Miree could tell Cquaton had a gun because he had his hand in his right front pocket. (T.T. Vol. II B p. 77) Mr. Miree kept walking but continued to look back. (T. T. Vol. II B p. 78) Cquaton got off his bike and pointed his gun at Defendant-Appellant. (T.T. Vol. II B p. 79) He saw Defendant-Appellant waveoff the gun. (T.T. Vol. II B p. 80) He heard Cquaton say "you think I won't 'murk' you in front of Eric's grandma's house." (T.T. Vol. II B p. 82) Then Cquaton picked up his bicycle and walked away from Defendant-Appellant. (T.T. Vol. II B p. 83) He had seen Defendant -Appellant brush the gun away once or twice. (T.T. Vol. II B p. 84) He thought it was over and turned his head, then he heard three or four shots. He dropped the bike and ran toward the field. Mr. Miree saw him put the gun in his back pocket. The shots sounded like they were from the same gun. (T.T. Vol. II B p 85-86) He thought he saw Defendant-Appellant run to the back. (T.T. Vol. II B p. 89) He saw Cquaton run to the field with blood on his shirt and he collapsed. (T.T. Vol. II B p. 90) When he was in the car earlier that day with Defendant-Appellant he had the gun on his lap. (T.T. Vol. II B p. 93)

Kenneth Binder testified and was recognized as an expert in latent fingerprint examination. (T.T. Vol. III p. 3-5) He examined the two fired shell casings that were found at the scene and was unable to locate any fingerprints. (T.T. Vol. III p. 5-6)

Ryan Larrison testified and was recognized as an expert by the trial court in firearm and toolmark identification. (T.T. Vol. Ill p. 7-8) He examined the two fired shell casings. (T.T. Vol. III p. 8-9) He determined they were 9-millimeter caliber bullets that are consistent with being manufactured by Glock. (T.T. Vol. III p. 10) He also examined the .38 special caliber revolver. It was operable but required a heavy trigger pull. (T.T. Vol. III p. 11-12) He did not observe any lint in the barrel of the gun which could be an indication that it was recently fired. (T.T. Vol. III p. 13) He was familiar with the gunshot residue swab but it is not a test performed by the Michigan State Police labs. (T.T. Vol. III p. 14-16)

Robert Ruth testified that on July 5, 2007, he was one of the detectives assigned to this case. (T.T. Vol. III p. 29) He spoke with Defendant-Appellant's mother and father. They told him they would speak to their son. (T.T. Vol. III p. [ ]) On July 6, 2007 at about 2:45 p.m. Defendant-Appellant turned himself in. They did not perform the GSP swab on Cquaton Holmes. (T.T. Vol. III p. 31-32)

Pet. App. Brf., pp. 7-12. Petitioner did not testify at trial, but asserted a claim of self-defense.

At the close of trial, the jury convicted Petitioner of second-degree murder, carrying a concealed weapon, and felony firearm. The trial court subsequently sentenced him to25 to 40 years imprisonment, a concurrent term of two to five years imprisonment, and a consecutive term of two years imprisonment.

Petitioner filed an appeal of right with the Michigan Court of Appeals raising claims concerning the sufficiency of the evidence to submit a first-degree murder charge to the jury/denial of ...