Hill v. Hofbauer

• Decision Date: 01 November 2001
• Docket Number: No. CIV.A.00-CV-70960-DT.,CIV.A.00-CV-70960-DT.
• Citation: 195 F.Supp.2d 871
• Parties: Terrence L. HILL, Petitioner, v. Gerald HOFBAUER, Respondent.
• Court: U.S. District Court — Eastern District of Michigan

195 F.Supp.2d 871

Terrence L. HILL, Petitioner, v. Gerald HOFBAUER, Respondent.

No. CIV.A.00-CV-70960-DT.

United States District Court, E.D. Michigan, Southern Division.

November 1, 2001.

COPYRIGHT MATERIAL OMITTED

Corbett E. O'Meara, Grosse Pointe, MI, for Terrance Hill, petitioner.

Laura G. Moody, Michigan Department of Attorney General, Habeas Corpus Division, Lansing, MI, Vincent J. Leone, Michigan Department of Attorney General, Habeas Corpus Division, Lansing, MI, for Jerry Hofbauer, Warden, respondent.

OPINION AND ORDER CONDITIONALLY GRANTING PETITION FOR A WRIT OF HABEAS CORPUS¹

TARNOW, District Judge.

Petitioner Terrence L. Hill, a state prisoner confined at the Marquette Branch Prison in Marquette, Michigan, and represented by Corbett Edge O'Meara, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.² Petitioner was convicted of second-degree murder, M.C.L. 750.316(1)(b) and assault with intent to rob while armed, M.C.L. 750.89, following a jury trial in the Genesee County Circuit Court in 1997. He was sentenced to life imprisonment on the murder conviction and 15 to 30 years imprisonment on the assault with intent to rob conviction.

In his petition, Petitioner claims that the trial court violated his Confrontation Clause rights by admitting the un-redacted statements of a non-testifying co-defendant as evidence against him at trial. Petitioner also claims that the Michigan Court of Appeals' conclusion that these unredacted statements were properly admitted under Michigan's hearsay rules is contrary to federal constitutional law and/or constitutes an unreasonable application of that law. For the reasons stated below, the petition for a writ of habeas corpus is CONDITIONALLY GRANTED.

I. Relevant Facts

Petitioner's convictions stem arise the shooting death of Jermaine Johnson during an armed robbery at Mr. Johnson's home in Flint, Michigan on August 24, 1995. Petitioner was tried with the co-defendant Jabbar Priest Bulls ("Jabbar Bulls" or "Bulls"), the alleged instigator of the robbery. Deonte Matthews, the alleged shooter and alleged third participant in the robbery, was not brought to trial.

The following facts are adapted in part from this Court's decision in Bulls v. Jones, 86 F.Supp.2d 746, 747-49 (E.D.Mich.2000).

The testimony presented at trial revealed that Mr. Johnson's neighbors overheard the robbery and shooting, saw two men flee the scene, and contacted police. When police arrived, they found Mr. Johnson dead in his home from a shotgun wound to his head. Based upon the neighbors' description of one of the fleeing men, police picked up [Petitioner] who was walking a few blocks from Mr. Johnson's home. [Petitioner] denied knowledge of the robbery, did not exhibit evidence of involvement in the robbery, and was released from custody.

One year later, Mekia Randle, [Jabbar Bulls's] ex-girlfriend, informed police that [Bulls] had told her about his participation in the robbery of Mr. Johnson. Ms. Randle described aspects of the incident that had not been revealed to the public. Based upon her report, [Jabbar Bulls] was arrested and brought in for questioning. While in police custody, [Jabbar Bulls] made statements to the investigating officers implicating himself, [Petitioner], and Deonte Matthews ["Mr. Matthews"] in the robbery. Police subsequently arrested [Petitioner] and Mr. Matthews. While in custody, [Petitioner] made several statements to police implicating [Jabbar Bulls] and Mr. Matthews in the robbery. [Petitioner] downplayed his own role in the incident[, asserting that he abandoned the robbery before Bulls and Matthews entered the victim's home].³

During trial, over defense objection, the trial court admitted the un-redacted statements of both [Jabbar Bulls] and [Petitioner] into evidence even though neither defendant testified. Police Sergeant Rick Warren recounted his interviews with [Jabbar Bulls] and [Petitioner] and read their formal statements into evidence at trial.

According to Sergeant Warren, [Jabbar Bulls] initially denied being involved in the robbery, but admitted his participation when confronted with a partial tape recording of Ms. Randle's police interview. In his formal statement, Jabbar Bulls explained that Mr. Johnson approached him on the street and sexually propositioned him. [Bulls] accompanied Mr. Johnson to his home, but made an excuse to leave before engaging in any sexual acts, indicating that he would return at a later time. [Bulls] then walked to Mr. Matthews's house and proposed the robbery to Matthews and [Petitioner]. [Bulls] admitted that he asked Mr. Matthews if he had a gun and Matthews retrieved a shotgun from his house to use during the robbery. [Jabbar Bulls], Mr. Matthews, and [Petitioner] walked to Mr. Johnson's house. When Mr. Johnson answered the door, [according to Jabbar Bulls's statement, Bulls] and Matthews pushed their way into the house while [Petitioner] remained outside as a look-out.

Once inside the house, Mr. Matthews held the gun on Mr. Johnson while [Bulls] began searching the house. While [Bulls] was preparing to search an upstairs bedroom, Mr. Matthews attempted to search another room. [Bulls] then heard footsteps running down the stairs followed by a gunshot. [Bulls] went to the top of the stairs and saw Mr. Johnson lying at the bottom of the stairs with a head injury. [Bulls] asked Mr. Matthews why he had fired the shotgun. Mr. Matthews replied that Mr. Johnson had tried to run. [Jabbar Bulls] then ran down the stairs, left the house, and fled to Mekia Randle's house. [Bulls] told Ms. Randle what had occurred the next morning. In a subsequent statement to police, [Bulls] also admitted that Mr. Matthews had taken a watch from Mr. Johnson's home, but threw it in some bushes after they fled the scene. Sergeant Warren acknowledged that [Bulls] never expressed an intent to shoot or kill Mr. Johnson.

Sergeant Warren also interviewed [Petitioner] several times following his arrest. [Petitioner] initially denied knowing about the robbery, but admitted being involved when confronted with information obtained from the other interviews. [Petitioner made at least four statements to Sergeant Warren.] [Petitioner] indicated that [Jabbar Bulls] proposed the robbery to him and that the initial plan was for [Bulls] to gain access to Mr. Johnson's house, to beat and tie up Mr. Johnson, and then let [Petitioner] into the house to help him carry out clothing, jewelry, electronic equipment, and other valuables. Petitioner and [Jabbar Bulls] encountered Mr. Matthews while walking to Mr. Johnson's house. [Bulls] and Mr. Matthews spoke and [Bulls] informed [Petitioner] that Mr. Matthews was going to join them. Mr. Matthews ran back to his house, and [Bulls] told [Petitioner] that Mr. Matthews had "some heat" and that it would be easier to commit the robbery with a gun. According to [Petitioner, Bulls] also stated, "We're going to be okay, as long as he [Mr. Matthews] doesn't kill him." [Petitioner] claimed that once [Bulls] and Mr. Matthews entered Mr. Johnson's house, he walked away instead of serving as a look-out.

Bulls v. Jones, 86 F.Supp.2d at 747-49.

Petitioner admitted knowing that a robbery was going to take place, that Bulls told him Matthews was armed, and hearing a shot some time after Bulls and Matthews entered Mr. Johnson's home. Petitioner recounted this information in his statement to the police.

Petitioner asserted that he abandoned the robbery before Bulls and Matthews entered Mr. Johnson's house. Petitioner also denied seeing Bulls or Matthews with a gun before the robbery. In his final statement to the police, Petitioner claimed that he asked Bulls several times why Matthews was armed before they got to Mr. Johnson's home. Petitioner claimed Bulls told him that having a gun would make perpetrating the robbery easier. In his first three statements to the police, Petitioner admitted approaching Mr. Johnson's house with Bulls and Matthews on foot, but stated that he abandoned the robbery as Bulls and Matthews were walking up Mr. Johnson's driveway. On one occasion, Petitioner told Sergeant Warren that a voice in his head told him "This ain't right. Leave" and so he left, abandoning the robbery scheme, before Bulls and Matthews entered Mr. Johnson's home. In his final statement to the police, however, Petitioner admitted going to the back door of Mr. Johnson's home, hearing Jabbar Bulls open the screen door in the front of the house, knock on the door, and converse with Mr. Johnson, before he (Petitioner) decided to leave. This last statement placed Petitioner very near Mr. Johnson's house either immediately before Bulls and Matthews entered, or while they were entering.

Petitioner denied being present when the shooting occurred, although he admitted hearing a shot as he was walking away. Petitioner stated that he only learned what had happened to Mr. Johnson inside the house when he spoke to Matthews the day after the robbery.

Mekia Randle testified for the prosecution. Ms. Randle testified that Jabbar Bulls, her ex-boyfriend, told her that he and a "D-Mack" had robbed a guy and that D-Mack shot him in the head, blowing off part of the victim's skull and splattering his brains. On further questioning, Ms. Randle testified that Bulls had told her that he committed the robbery with "a couple of his boys" or "one of the twins," and that she did not know the identity of anyone who went into Mr. Johnson's house other than Jabbar Bulls. On cross-examination by Petitioner's counsel, Ms. Randle stated that she did not know who participated in the robbery with Jabbar Bulls.

As noted, neither Petitioner nor Bulls testified at trial. At the close of trial, defense counsel argued that Petitioner never entered Jermaine Johnson's home, but that Bulls and Matthews did. Defense counsel further argued that Petitioner abandoned his participation in the robbery and did not act as a lookout, as...