Gansz v. Jones
| Decision Date | 02 March 2006 |
| Docket Number | No. 01-10387-BC.,01-10387-BC. |
| Citation | 418 F.Supp.2d 923 |
| Parties | James GANSZ, Petitioner, v. Kurt JONES, Respondent. |
| Court | U.S. District Court — Eastern District of Michigan |
Douglas R. Mullkoff, Kessler & Mullkoff, Ann Arbor, MI, for Petitioner.
Brenda E. Turner, Laura G. Moody, Michigan Department of Attorney General, Habeas Corpus Division, B. Eric Restuccia, MI Dept. of Attorney General (Ottawa St), Lansing, MI, for Respondent.
The petitioner, James Gansz, presently confined at the Lakeland Correctional Facility in Coldwater, Michigan, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He is represented by counsel. The petitioner was convicted of kidnapping, Mich. Comp. Laws § 750.349, and two counts of first-degree criminal sexual conduct, Mich. Comp. Laws § 750.520b. He was sentenced to serve three concurrent prison terms of fifteen to forty years each. The petitioner contends that his convictions are unconstitutional because the state prosecutor failed to disclose to the petitioner a copy of his own statement before trial, the evidence was insufficient, and his state trial counsel was ineffective. He contends, therefore, that he is in custody in violation of the Constitution. The respondent argues that the petitioner's claim is without merit. The Court agrees and will deny the petition for lack of merit in the grounds presented.
The petitioner's convictions arise out of events that occurred during a three-day period in March 1998 when the petitioner assaulted his girlfriend, Donna Mannix, and held her against her will in her home in Capac, Michigan. The petitioner was tried by a jury in October 1998.
At trial, Donna Mannix testified that the petitioner physically and sexually assaulted her and kept her from leaving her house for three days. She testified that she was afraid to leave even when the petitioner left the house during this period because she feared the petitioner would be back at any moment. She was also afraid to call the police because she feared the petitioner would return before the police arrived. Ms. Mannix testified that the petitioner put his hand inside her rectum without her consent and forced her to have vaginal intercourse against her will. He also threw her down on the bed and banged her head against the headboard, cutting her head. Ms. Mannix testified that she suffered numerous bruises and a black eye resulting from the petitioner hitting her and pushing her. At one point, when the petitioner was sleeping, Ms. Mannix called her ex-husband and asked him to call the police. During the late evening hours of March 12, 1998, Ms. Mannix testified that she saw a flashlight shining into the house. She knew it was the police and attempted to bang on the bedroom window to get their attention. The petitioner held her back, and ordered her not to try to yell for help.
Donna Mannix's ex-husband corroborated her testimony, explaining that Ms. Mannix telephoned him on March 10, 1998 and told him that she was being held against her will, that she had been raped, beaten, and was afraid for her life. Mr. Mannix telephoned the Capac Police Department and left a message stating that his ex-wife needed assistance. Capac Police Chief Paul Libke testified that he called Ms. Mannix's home on March 10, 1998 in response to Mr. Mannix's telephone message, and he left a message stating that if anyone needed assistance they should telephone 911.
The ordeal ended at approximately 11:00 p.m. on March 12, 1998 when St. Clair County Deputy Thomas Buckley went to Ms. Mannix's house to assist the Capac Police Department. As he approached the rear of the house, he heard a woman scream and saw a man and woman fighting. Deputy Buckley testified that when he entered the house with another officer, he heard Ms. Mannix screaming "help me."
The petitioner testified in his own defense. He denied holding Ms. Mannix against her will. He admitted that he became rough with her at times and admitted to causing the bruises shown in prosecution photographs. The petitioner denied putting his hand in her rectum. He admitted to having vaginal intercourse with her, but testified that it was consensual. The petitioner testified that when the police came to the house, he tried to keep Ms. Mannix away from the windows because he did not want them to see the bruises on her face.
At the close of his jury trial in St. Clair County, Michigan, Circuit Court, the petitioner was convicted of kidnapping and two counts of first-degree criminal sexual conduct. On November 23, 1998, the petitioner was sentenced to three concurrent prison terms of fifteen to forty years.
After his conviction and sentencing, the petitioner filed an appeal of right in the Michigan Court of Appeals, presenting the following claims:
I. Defendant's state and federal constitutional rights to due process were denied where the prosecutor failed to disclose Defendant's 4 page statement until after he had testified before the jury.
II. Defendant's state and federal constitutional rights to due process were violated where insufficient evidence was presented to support the verdicts.
III. Defendant was denied his state and federal rights to effective assistance of counsel where his attorney failed to adequately investigate in preparation for new trial.
The Michigan Court of Appeals affirmed the petitioner's convictions. People v. Gansz, No. 216174, 2000 WL 33395247 (Mich.Ct.App. Dec. 12, 2000). The petitioner then filed a delayed application for leave to appeal in the Michigan Supreme Court, presenting essentially the same claims presented to the Michigan Court of Appeals. The Michigan Supreme Court denied leave to appeal. People v. Gansz, No. 118549, 2001 WL 877139 (Mich. July 30, 2001).
The petitioner filed his petition for a writ of habeas corpus in this Court on December 20, 2001, presenting the same claims he raised in state court.
The provisions of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub. L. No. 104-132, 110 Stat. 1214 (Apr. 24, 1996), govern this case because the petitioner filed this 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). That Act "circumscribe[d]" the standard of review federal courts must apply when considering applications for a writ of habeas corpus raising constitutional claims, including claims of ineffective assistance of counsel. See Wiggins v. Smith, 539 U.S. 510, 520, 123 S.Ct. 2527, 156 L.Ed.2d 471 (2003).
As amended, 28 U.S.C. § 2254(d) imposes the following standard of review for habeas cases:
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 light of the evidence presented in the State court proceeding.
28 U.S.C. § 2254(d). Therefore, federal courts are bound by a state court's adjudication of a petitioner's claims unless the state court's decision was contrary to or involved an unreasonable application of clearly established federal law. Franklin v. Francis, 144 F.3d 429, 433 (6th Cir. 1998). Mere error by the state court will not justify issuance of the writ; rather, the state court's application of federal law "must have been objectively unreasonable." Wiggins, 539 U.S. at 520-21, 123 S.Ct. 2527 (quoting Williams v. Taylor, 529 U.S. 362, 409, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000); internal quotes omitted). Additionally, this Court must presume the correctness of state court factual determinations. 28 U.S.C. § 2254(e)(1) (); see also West v. Seabold, 73 F.3d 81, 84 (6th Cir. 1996) ().
The Supreme Court has explained the proper application of the "contrary to" clause as follows:
A state-court decision will certainly be contrary to [the Supreme Court's] clearly established precedent if the state court applies a rule that contradicts the governing law set forth in our cases....
A state-court decision will also be contrary to this Court's clearly established precedent if the state court confronts a set of facts that are materially indistinguishable from a decision of this Court and nevertheless arrives at a result different from [the Court's] precedent.
Williams, 529 U.S. at 405-06, 120 S.Ct. 1495.
The Supreme Court has held that a federal court should analyze a claim for habeas corpus relief under the "unreasonable application" Clause of § 2254(d)(1) "when a state-court decision unreasonably applies the law of this Court to the facts of a prisoner's case." Id. at 409, 120 S.Ct. 1495. The Court defined "unreasonable application" as follows:
[A] federal habeas court making the "unreasonable application" inquiry should ask whether the state court's application of clearly established federal law was objectively unreasonable....
[A]n unreasonable application of federal law is different from an incorrect application of federal law.... Under § 2254(d)(1)'s "unreasonable application" clause, then, 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...
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