Higgins v. Renico
| Decision Date | 29 March 2005 |
| Docket Number | No. 02-10124-BC.,02-10124-BC. |
| Citation | 362 F.Supp.2d 904 |
| Parties | Alton HIGGINS, Petitioner, v. Paul RENICO, Respondent. |
| Court | U.S. District Court — Eastern District of Michigan |
Alton Higgins, Ionia, MI, pro se.
Brenda E. Turner, William C. Campbell, Lansing, MI, for Respondent.
The petitioner, Alton Higgins, a state inmate currently incarcerated at the Bellamy Creek Correctional Facility in Ionia Michigan, has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging his convictions for first-degree felony murder, Mich. Comp. Laws § 750.316, and possession of a firearm in the commission of a felony (felony firearm), Mich. Comp. Laws § 750.227b. Although Higgins raises several issues, the Court finds that only one warrants relief: his trial attorney was constitutionally ineffective because he failed to cross-examine the key prosecution witness, and this substandard performance substantially prejudiced Higgins' defense. The other errors cited by the petitioner were either procedurally defaulted or lack merit. However, because of the Sixth Amendment violation, which the state courts did not fully address in a reasoned opinion, the Court will conditionally grant the petition for writ of habeas corpus, allowing the State a reasonable time to retry the petitioner if it so chooses.
Higgins was one of three other people in an automobile parked in a Detroit neighborhood in April 1995 when negotiations for the sale of a firearm turned violent. The driver of the vehicle and seller of the handgun, Alvin Ramsey, was shot to death as he was sitting in the driver's seat of the car. One of the occupants, Michael Adams, exited the vehicle and fled on foot before shots were fired, leaving petitioner Higgins, Ramsey, and Wayne Young in the vehicle. After Ramsey was shot, Higgins made a statement to the police implicating Young as the shooter. Young accused Higgins of firing the fatal shot. The police arrested Higgins, and Young testified against him at trial as the only eyewitness to the shooting.
A.
The killing took place on April 3, 1995. The next day, Sergeant Ralph Openshaw of the Detroit Police Department questioned petitioner Higgins about the shooting. Higgins did not testify on his own behalf at trial, but Sergeant Openshaw related Higgins' statement to the jury. Higgins told Openshaw that on April 3, 1995, he, Wayne Young, Michael Adams, and some other friends were sitting on a front porch discussing guns when Young stated that Alvin Ramsey, who was sitting in a car on the street in front of them, had guns. Young then approached the car to talk to Ramsey. Moments later, Higgins also approached the car and got into the rear passenger seat. Ramsey told Higgins and Young that he had a gun at his house that he would sell to them. Higgins said he then got out of the car and returned to the porch. Young returned to the porch and said he was going to try to give Ramsey some cocaine for the gun, but since he did not have any cocaine he would give Ramsey soap powder that he would attempt to pass off as cocaine.
Higgins then stated to Openshaw that he and Young walked to Ramsey's house where Ramsey showed them a .25 caliber handgun, and said he would sell it for $75 dollars. Higgins told Ramsey that they only had $40 or $50. Young then offered to give Mr. Ramsey some money and some cocaine as payment. Mr. Ramsey told them he thought they could work something out.
According to Higgins, he and Young then walked back to the porch where their friends were waiting. Young told the friends he was going to purchase the gun for money and cocaine. His friends encouraged him to use soap instead of actual cocaine. Young said he noticed that Ramsey had a gun in his waistband. A friend said he had a gun too, and gave Young a .45 caliber or .9 mm handgun. Higgins said that he and Young then returned to Ramsey's house. They asked Ramsey to fire the gun to ensure that it worked; it did. It began raining, so Ramsey, Young, and Higgins got into Ramsey's car. The men negotiated the price of the gun. Higgins handed Ramsey $50, but Ramsey insisted on $10 more, so Ramsey drove the men to the porch where Higgins retrieved ten dollars and returned to the car. Ramsey then drove back to his own house where Young gave Ramsey the money. Ramsey then gave them the gun but said he would give them the clip when they got out of the car. Young then asked Ramsey to drive down the street. According to petitioner Higgins, as Ramsey drove down the street Young took a gun from his coat and said, "We want everything you got." Higgins told Sergeant Openshaw that he jumped out of the car, then heard two shots. He saw the car hit a van parked on the side of the street.
Wayne Young's version of the incident conflicted with the petitioner's on the critical fact of who shot Ramsey. Young apparently returned to the scene on the day of the shooting, surrendered to the police, admitted to being present in the car with Ramsey, and denied that he was the one who fired the shots. Young testified at the petitioner's preliminary hearing and implicated him as the shooter. That testimony was read into the record at trial when Young failed to appear on the day he was subpoenaed to testify. However, Young did present himself at trial two days later and testified for the prosecution.
Young told the jury that on the afternoon of April 3, 1995, he, Higgins, Michael Adams, and several other friends were sitting on a friend's front porch when they decided that they were going to purchase a gun from Ramsey. Young testified that he tried to purchase the gun with soap, which he pretended was cocaine, but Ramsey said he would not accept the "cocaine" in exchange. Young testified that he then got into the front passenger seat of Ramsey's car, Adams got into the back seat behind him, and Higgins got into the back seat behind Ramsey.
According to Young, petitioner Higgins gave Ramsey the money, and Ramsey handed Higgins a .25 caliber handgun. Higgins saw that Ramsey also had a .32 caliber handgun in his waistband, whereupon Higgins pulled out a .45 caliber handgun, pointed it at Ramsey, and told Ramsey to give him the .32. Young testified that Ramsey then tried to get out of the car, but Higgins shot him before he could escape. Adams ran from the car before any shots were fired. Young said he was getting out of the car when he heard the first shot, and was running away from the car when he heard a second shot. Young testified that he was wearing a green jacket that day.
Michael Adams also testified at trial and denied having virtually any knowledge of the shooting of Mr. Ramsey. In fact, he said that he was at home with his mother when Ramsey was shot. The prosecutor impeached him with a prior inconsistent statement to police in which he stated that he was in the car with Young and Higgins during the gun purchase transaction, that he was getting out of the car when he saw Higgins reach into his coat, and as he was running away from the car he heard two gunshots.
Other witnesses at the scene testified that they heard two gunshots and saw Ramsey's car roll into a blue truck that was parked at the curb. Some of the witnesses observed two people run from the scene, one tall man wearing a green jacket and another, shorter man wearing a brown jacket. The witnesses saw that Ramsey was injured and part of his body was hanging from the driver's door of his car; he was clutching money in his hand. An assistant medical examiner testified that Ramsey died of a gunshot wound to the back of his neck. There was no evidence that the shot was fired from close range. A forensic chemist from the Detroit Police Department crime laboratory testified that both Wayne Young and deceased Alvin Ramsey had gunshot residue on their hands, but no tests were performed on the petitioner.
The petitioner was represented at trial by attorney Walter Pookrum. Apparently, Mr. Pookrum did not anticipate Young's late appearance at trial and, since Young's preliminary hearing testimony had been read to the jury two days earlier, Pookrum failed to prepare for his cross-examination. After Young's direct testimony was finished, the following exchange took place between the trial judge and Mr. Pookrum:
The Court: ... Mr. Pookrum said he wanted to prepare for his cross-examination [of Mr. Young] ... just let me know when you're ready. I want to keep the continuity so we won't have to have this same kind of situation we had yesterday.
Mr. Pookrum: I would like at leas[t] a half hour.
The Court: No. You sat here all morning, Mr. Pookrum, and you heard that witness testify. You heard — you know what his testimony is going to be. You had heard it from this examination and, no, I'm not going to do that. You asked for five minutes.
Mr. Pookrum: I didn't ask for five minutes.
The Court: I think I have given you sufficient time. You heard the witness testify. We don't stop after every witness testifies to give anybody prepared for cross-examination.
Mr. Pookrum: We're not talking about after every witness, we're talking about this witness.
. . .
Mr. Pookrum: I just wanted to remind Your Honor that I have informed you before in...
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