Charleston v. Woods
Decision Date | 09 January 2018 |
Docket Number | Case No. 4:16-12696 |
Parties | KEITH ROMOND CHARLESTON, Petitioner, v. JEFFREY WOODS, Respondent. |
Court | U.S. District Court — Eastern District of Michigan |
OPINION AND ORDER DENYING (1) THE PETITION FOR WRIT OF HABEAS CORPUS; (2) A CERTIFICATE OF APPEALABILITY; AND (3) LEAVE TO APPEAL IN FORMA PAUPERIS
Keith Charleston, ("petitioner"), confined at the Chippewa Correctional Facility in Kincheloe, Michigan, seeks the issuance of a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In his pro se application, petitioner challenges his conviction for first-degree premeditated murder, Mich. Comp. Laws § 750.316(1)(a), felon in possession of a firearm, Mich. Comp. Laws § 750.224f, and possession of a firearm in the commission of a felony, Mich. Comp. Laws § 750.227b. For the reasons stated below, the application for a writ of habeas corpus is DENIED WITH PREJUDICE.
Petitioner was convicted following a jury trial in the Wayne County Circuit Court. This Court recites verbatim the relevant facts regarding petitioner's conviction from the Michigan Court of Appeals' opinion affirming his conviction, which are presumed correct on habeas review pursuant to 28 U.S.C. § 2254(e)(1). See Wagner v. Smith, 581 F.3d 410, 413 (6th Cir. 2009):
People v. Charleston, No. 316771, 2015 WL 1119720, at * 1, 5 (Mich. Ct. App. Mar. 12, 2015).
Petitioner's conviction was affirmed. Id., lv. Den. 498 Mich. 884, 869 N.W.2d 587 (2015). Petitioner seeks a writ of habeas corpus on the following grounds:
28 U.S.C. § 2254(d), as amended by The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), imposes the following standard of review for habeas cases:
A decision of a state court is "contrary to" clearly established federal law if the state court arrives at a conclusion opposite to that reached by the Supreme Court on a question of law or if the state court decides a case differently than the Supreme Court has on a set of materially indistinguishable facts. Williams v. Taylor, 529 U.S. 362, 405-06 (2000). An "unreasonable application" occurs when "a state court decision unreasonably applies the law of [the Supreme Court] to the facts of a prisoner's case." Id. at 409. A federal habeas court may not "issue the writ simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly." Id. at 410-11. "[A] state court's determination that a claim lacks merit precludes federal habeas relief so long as 'fairminded jurists could disagree' on the correctness of the state court's decision." Harrington v. Richter, 562 U.S. 86, 101 (2011) (citing Yarborough v. Alvarado, 541 U.S. 652, 664 (2004)). Therefore, in order to obtain habeas relief in federal court, a state prisoner is required to show that the state court's rejection of his claim "was so lacking in justification that there was an error well understood and comprehended in existing law beyond any possibility for fairminded disagreement." Id.
Petitioner contends that the trial judge erred in denying his motion to suppress because he did not voluntarily speak with the police nor did he knowingly, intelligently, or voluntarily waive his Miranda rights. Petitioner claims that he did not knowingly, intelligently or voluntarily waive his Miranda rights and that his confession was involuntary because he was intoxicated on alcohol and marijuana and was sleep-deprived at the time he made his statement.
The Court notes that the Michigan Court of Appeals reviewed and rejected the portion of petitioner's claim that he did not knowingly and intelligently waive his Miranda rights for plain error because petitioner failed to preserve this issue in the trial court in that petitioner only argued in his motion to suppress that his statement was involuntary. People v. Charleston, 2015 WL 1119720, at * 1.
In Fleming v. Metrish, 556 F.3d 520, 532 (6th Cir. 2009), a panel of the Sixth Circuit held that the AEDPA deference applies to any underlying plain-error analysis of a procedurally defaulted claim. In a subsequent decision, the Sixth Circuit held that that plain-error review is not equivalent to adjudication on the merits, so as to trigger AEDPA deference. See Frazier v. Jenkins, 770 F. 3d 485, 496 n. 5 (6th Cir. 2014). The Sixth Circuit noted that "the approaches of Fleming and Frazier are in direct conflict." Trimble v. Bobby, 804 F.3d 767, 777 (6th Cir. 2015). When confronted by conflicting holdings of the Sixth Circuit, this Court must follow the earlier panel's holding until it is overruled by the United States Supreme Court or by the Sixth Circuit sitting en banc. See Darrah v. City of Oak Park, 255 F.3d 301, 310 (6th Cir. 2001). This Court believes that the AEDPA's deferential standard of review applies to the Miranda waiver portion of petitioner's claim even though this portion of the claim was reviewed only for plain error.1
The Michigan Court of Appeals rejected petitioner's claim:
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