Foster v. Withrow
| Decision Date | 11 July 2001 |
| Docket Number | No. CIV.A.98-75386-DT.,CIV.A.98-75386-DT. |
| Citation | 159 F.Supp.2d 629 |
| Parties | Leander Kriegg FOSTER, # 241559, Petitioner, v. Pamela WITHROW, Respondent. |
| Court | U.S. District Court — Eastern District of Michigan |
I. Introduction
Petitioner, Leander Kriegg Foster ("Petitioner"), presently confined at the Michigan Reformatory, 1342 West Main Street, Ionia, Michigan 48846, has filed this pro se application for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In his application, Petitioner attacks his conviction of first degree premeditated murder, M.C.L. § 750.316, armed robbery, M.C.L. § 750.529, and possession of a firearm during the commission of a felony. M.C.L. § 750.227b. Petitioner was sentenced to a mandatory non-paroleable sentence of life imprisonment for first degree murder, life imprisonment for armed robbery, and a mandatory consecutive two year prison term for felony firearm. For the reasons stated below, the application is denied and the matter is dismissed.
II. Factual Background
Petitioner's convictions arise out of the murder and armed robbery of Stella Sproule. Petitioner confessed to shooting Sproule to death with a .25 caliber automatic pistol.1 Petitioner told Lieutenant William Presley of the Detroit Police Homicide Section that he shot Sproule as part of a scheme devised by his aunt, Annie Cole. Petitioner was sixteen years old at the time of the killing. He would be seventeen less than a month after the killing. Petitioner said Annie Cole promised him and his friend Steward McCoy five thousand dollars each if they would kill Stella Sproule. Petitioner stated that Annie Cole wanted Stella Sproule murdered because Sproule had pressed criminal charges against her.
Petitioner and McCoy tricked Sproule into getting into a car with them. After driving around for over half an hour looking for a suitably isolated location for the killing, Petitioner and McCoy forced Sproule to enter an abandoned building. Petitioner and McCoy forced Sproule to take off her clothes except for her bra and underpants, so they could be certain that he had no identification on her. After checking for identification, McCoy and Petitioner told Sproule to put her clothes back on. Petitioner then told Stella Sproule to walk up next to wall and face it. Petitioner asked McCoy what number Sproule should count to. McCoy said ten. When Stella Sproule counted "one," Petitioner shot her in the head. Sproule fell to the floor and Petitioner shot her two more times. Petitioner and McCoy took some identification and some money from Stella Sproule's purse. McCoy spent the money. Petitioner took Stella Sproule's ID, social security card, and City Bank Card.
Petitioner later called the police and told them People v. Foster, Michigan Court of Appeals Docket No. 184162 (July 22, 1997) at 1.
Steward McCoy testified that Petitioner ordered Stella Sproule to face the wall inside an abandoned building, told her to start counting, and shot her in the head at point blank range "[w]hen she got to one." Tr. Vol. XII at 1551. McCoy further testified that Petitioner then shot Stella Sproule two more times. Id. at 1552. McCoy denied having any prior knowledge that Petitioner was armed, denied knowing that Petitioner intended to shoot and kill Stella Sproule, and denied taking any property from the victim.
Petitioner did not testify on his own behalf, or call any other defense witnesses. Petitioner contended through counsel that his aunt Annie Cole coerced him into killing Stella Sproule and that he was provoked to kill Stella Sproule because she was pressing criminal charges against his aunt which would lead to her imprisonment.2
III. Procedural History
Petitioner was convicted by a jury of first-degree premeditated murder, M.C.L. § 750.316(1)(a), felony-murder, M.C.L. § 750.316(1)(b), armed robbery, M.C.L. § 750.529, and felony firearm, M.C.L. § 750.227b.
Petitioner appealed as of right to the Michigan Court of Appeals, raising the following claims:
I. Defendant was deprived of his state and federal protections from double jeopardy when he was convicted of and sentenced on both premeditated murder and felony murder, based on a single killing, where he was convicted of and sentenced on both felony murder and the underlying felony or armed robbery.
II. Because defendant's confession was the fruit of a warrantless search which was not supported by probable cause, the confession should have been suppressed. Trial counsel's failure to seek suppression of defendant's confession on this basis was ineffective assistance of counsel.
III. The trial judge deprived defendant of his state and federal constitutional rights to a fair trial by refusing to completely sever his trial from that of the co-defendants who were simultaneously tried with him.
IV. Defendant was denied his state and federal constitutional due process rights to a fair trial by the admission of irrelevant evidence which implicated a co-defendant who was tried by a separate jury
V. The trial judge deprived defendant of his constitutional right to a fair jury trial by failing to properly instruct the jurors on the theory of the defense.
VI. Defendant is entitled to resentencing because his sentence to mandatory nonparoleable life imprisonment violates this state's constitutional prohibition against cruel and unusual punishment.
VII. The sentencing judge abused her discretion by sentencing defendant, who was only sixteen at the time of the offense, was a first offender, and who participated in the offense only at the urging of his adult aunt, to eternal incarceration in the adult penal system.
During the pendency of Petitioner's appeal of right, defense counsel filed a motion to remand to seek a new trial. In that motion and supporting brief, Petitioner reiterated his claim that his confession was the fruit of an illegal search and also claimed that he did not understand the rights he waived when he gave his confession. Petitioner also claimed that failing to challenge the admissibility of his confession on this basis was ineffective assistance of counsel. In an order entered on May 17, 1996, Petitioner's motion to remand was denied by the Michigan Court of Appeals. On January 31, 1997, the Michigan Supreme Court denied Petitioner's application for leave to appeal the denial of his motion to remand.
On July 22, 1997, the Michigan Court of Appeals affirmed Petitioner's convictions and sentences, except for his conviction and sentence for felony murder, which was vacated on double jeopardy grounds. People v. Foster, Michigan Court of Appeals Docket No. 184162 (July 22, 1997). Petitioner sought leave to appeal the denial of his unsuccessful issues in the Michigan Supreme Court. His application was denied on December 30, 1997.
Thereafter, on or about December 30, 1998, Petitioner filed the instant application for a writ of habeas corpus presenting seven claims, which Petitioner phrased as follows:
I. Petitioner's Fifth Amendment right under the United States Constitution was violated where his confession was the fruit of a warrantless arrest which was not supported by probable cause, [and] the confession should have been suppressed.
II. Petitioner's Sixth Amendment right under the United States Constitution was violated where his counsel was aware that Petitioner's confession resulted from an illegal arrest, [and] he performed ineffectively by failing to challenge the confession's admissibility on this ground.
III. Petitioner's Sixth and Fourteenth Amendment rights under the United States Constitution were violated when the trial judge refused to completely sever Petitioner's trial from that of the codefendants who were simultaneously tried with him.
IV. Petitioner's Fourteenth Amendment right under the United States Constitution was violated by the admission of irrelevant evidence which implicated a codefendant who was tried by a separate jury.
V. Petitioner's Sixth and Fourteenth Amendment rights under the United States Constitution were violated when the trial judge failed to properly instruct the jurors on the theory of the defense.
VI. Petitioner's Eighth Amendment right under the United States Constitution was violated when he was sentenced to mandatory nonparoleable life imprisonment.
VII. Petitioner's Fourteenth Amendment right under the United States Constitution were violated when the sentencing judge abused her discretion in sentencing Petitioner, who was; only sixteen at the time of the offense, and who participated in the offense only at the urging of his adult aunt, to eternal incarceration in the adult penal system.
IV. Standard of Review
The provisions of the Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, 110 Stat. 1214 (April 24, 1996)("AEDPA" or "the Act"), govern this case because petitioner filed his habeas corpus petition after the effective date of the Act. Lindh v. Murphy, 521 U.S. 320, 117 S.Ct. 2059, 138 L.Ed.2d 481 (1997).
As amended, 28 U.S.C. § 2254(d) provides that:
(d) 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...
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