Hinton v. Napel
| Decision Date | 27 March 2018 |
| Docket Number | CASE NO. 2:15-CV-10687 |
| Parties | COREY HINTON, #646238, Petitioner, v. ROBERT NAPEL, Respondent. |
| Court | U.S. District Court — Eastern District of Michigan |
HONORABLE DENISE PAGE HOOD
Michigan prisoner Corey Hinton ("Petitioner") has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 alleging that he is being held in violation of his constitutional rights. Petitioner was convicted of first-degree felony murder, Mich. Comp. Laws § 750.316, felon in possession of a firearm, Mich. Comp. Laws § 750.224f, and possession of a firearm during the commission of a felony, Mich. Comp. Laws § 750.227b, following a jury trial in the Wayne County Circuit Court. He was sentenced to life imprisonment without parole, a concurrent term of one to seven and one-half years imprisonment, and a consecutive term of two years imprisonment on those convictions. In his pleadings, Petitioner raises claims concerning the non-production of a witness and the admission of his prior testimony, the jury instructions, the composition of the jury, and the effectiveness of trial and appellate counsel. For the reasons that follow, the Court denies with prejudice the habeas petition. The Court also denies a certificate of appealability and denies leave to proceed in forma pauperis on appeal.
Petitioner's convictions arise from the shooting death of Robert Shields in Ecorse, Michigan on March 2, 2010. The testimony at trial revealed that Petitioner shot Shields in the back while they were driving in a van with several other young men after a drug deal went awry. Shields' body was left in the street and the men drove away. The men abandoned the van and fled on foot. Petitioner claimed that he acted in self-defense.
At trial, Durrell Thornton testified that when he was visiting a friend in River Rouge in the morning on March 2, 2010, he met Robert Shields for the first time. Shields said that he wanted to buy some marijuana and crack cocaine. 6/22/10 Trial Tr., pp. 111-12. In response, Thornton called another friend, Antonio Broadnax, in order to contact Petitioner and facilitate the drug deal. Id. at 113. Four or five men, including Broadnax, Petitioner, Tony Bouie, and DenzelFowler, came to the house in a white van and met with Shields outside. Id. at 115-16. Shields came back into the house saying that they did not have what he wanted, but then went back outside. The van also left, but Thornton did not see where Shields went. Id. at 117-19. Thornton returned to his own home a short time later. Id. at 120.
Tony Bouie testified that he was riding in the van with Broadnax (who was driving), Petitioner, Fowler, and Brandon Crawford on March 2, 2010 smoking some marijuana while others were drinking when Broadnax received a call from Thornton about a drug deal. Id. at 147-51. They drove to River Rouge and Thornton and Shields came outside. Id. at 150-51. Shields got into the van and sat and talked to Petitioner. Id. at 151. The music in the van was loud so he did not hear their conversation. Id. at 152. Bouie saw Shields run into the steering wheel, heard a gunshot, and saw that Shields had been shot in the back. Id. at 153. Petitioner was holding the gun. Id. No one else had a weapon. Id. at 157. Broadnax jumped out of the van and Shields fell out of the same door of the van. Broadnax got back into the van and they drove to an alley where they abandoned the van and ran away. Id. at 153-54. While fleeing, Bouie, Broadnax, and Petitioner obtained a ride from Julian Agee, and Bouie and Broadnax went to Bouie's house. Id. at 155-56. Upon further questioning, Bouie recalled telling the police that he looked back in the van, saw Petitioner with agun, and heard him say to Shields, "Put your hands up before I shoot you," id. at 166-67, or "Don't move before I shoot you." Id. at 195-96. Bouie did not see any physical altercation between Shields and Petitioner before the shooting. 6/23/10 Trial Tr., p. 15.
Bouie also testified that he received a call from Petitioner, who was trying to disguise his voice to sound like Broadnax, after the shooting. Petitioner told him to say the shooting was self-defense. Id. at 26-27. Bouie also spoke with Petitioner at the Ecorse Police Department lockup. Petitioner again told him to say it was self-defense and that Shields had a gun. Petitioner also warned him not to go to court because they would all get locked up. Id. at 28-29.
Antonio Broadnax testified that he picked up Petitioner and Bouie in his white van on March 2, 2010 and then they picked up Fowler and Crawford. While they were out, Petitioner asked him to drive to a house in River Rouge because he had to handle some business. Id. at 77-80. Broadnax later realized Petitioner was going to sell marijuana. When Shields was in the van, Broadnax was driving and not paying much attention to the passengers. He then heard a commotion arise between Petitioner and Shields in the back of the van. Id. at 82. Shields lunged toward Broadnax grabbing the steering wheel. Broadnax heard a gunshot and saw that Shields was shot in the lower back. Petitioner had the gun. Id. at 83. No one else had a gun that he saw. Id. at 84. Broadnax putthe car in park and hopped out of the van. Shields fell out onto the street. Id. at 84-85. Broadnax got back into the van, drove around the corner, and parked behind a friend's apartment. They then fled the area on foot. Id. at 85-86. Broadnax and Bouie stayed together and were picked up, along with Petitioner, by Julian Agee and taken to Bouie's house. Id. at 87-88. Only Broadnax and Bouie went in the house. Id. at 88. Broadnax called the police and reported his van stolen, but police officers subsequently came to his house and arrested him. Id. at 89. He was taken to a holding cell at the Ecorse Police Department. Id. Broadnax was initially charged with the crime, but accepted a deal in which he pleaded guilty to accessory after the fact and agreed to testify at trial. Id. at 90-91. Broadnax did not see Petitioner buy or have a gun before the shooting and did not know that he was going to shoot Shields. Id. at 92.
Denzel Fowler testified that he was with Crawford when they were picked up by Broadnax, Bouie, and Petitioner in a van on March 2, 2010. 6/24/10 Trial Tr., pp. 59-60. Petitioner asked him if he still had a gun for sale, and Fowler said that he did. Petitioner agreed to buy it for $50.00, paid him the money, and retrieved the gun from where Fowler had hidden it in the bushes. Id. at 61-62. He was drinking some liquor and others were smoking marijuana while they drove around and eventually went to a neighborhood in River Rouge. Id. at 64. A white man (Shields) got into the van and they drove away. Id. at 65. Themusic was loud, but Fowler heard some "loudness" from the rear of the van. When he looked back, he saw Shields running up to grab the steering wheel, and then he heard a gunshot. Id. at 66. Petitioner had the gun. Id. at 67. Broadnax hopped out of the van while it was still rolling and Shields fell out of the van. Id. at 67-68. No one else had any weapons. Id. at 68. They drove away, parked the van, and ran. Id. at 69. He and Crawford went to Crawford's house. Id. Fowler went to the police station voluntarily and gave a statement the next day. While he was in lockup, he heard Petitioner telling Bouie to say it was self-defense. Id. at 71.
Brandon Crawford did not appear for trial. After hearing from a police officer assigned to the case, the trial court ruled that the prosecution exercised due diligence in attempting to produce him and allowed his preliminary examination testimony to be read into the record. 6/22/10 Trial Tr., pp. 5-20. Crawford testified that he went to Fowler's house in the morning on March 2, 2010 and they were picked up in a white van containing Broadnax, Bouie, and Petitioner. 6/24/10 Trial Tr., p. 109-10. They planned to drink alcohol and smoke marijuana. Id. at 111. Petitioner said he had to go "catch a sale" for marijuana and they drove to a neighborhood in River Rouge. Id. at 111-12. A white man (Shields) got into the van. There was an argument over the marijuana between Shields and Petitioner. Crawford then heard Shields"pleading for his life," saw Shields move toward the steering wheel, and heard a gunshot. Id. at 114-15. He saw Petitioner with the gun. Id. at 116. Broadnax was so shocked that he hopped out of the van, causing Shields to fall out onto the street. Id. at 119. At this point, they were in Ecorse. Broadnax got back into the van and they drove around the corner, exited the van, and ran away. Id. at 120-22. Crawford and Fowler ran off together to Crawford's house and did not stay with the other men. Id. at 122, 124. Crawford went to the police station the next day and gave a statement. Id. at 127-28.
Petitioner testified in his own defense at trial. He acknowledged that he was friends with Broadnax, Bouie, Crawford, and Fowler and was acquainted with Thornton. Id. at 162-63. He was at the gas station with Bouie in the morning on March 2, 2010 when Broadnax picked them up in his white van. Id. at 164-65. He said that they always drink, smoke marijuana, and "catch sales" in the van. Id. at 165. As they were getting in the van, Broadnax received a call about a drug deal. They drove to a house in River Rouge. Thornton came out and told Broadnax that he sold Shields a gun and Shields was trying to sell him a cell phone. Id. at 166-67. Shields got into the van. Broadnax showed him the marijuana and there was a dispute about its quantity. Id. at 170. They left in the van and picked up Fowler and Crawford. Petitioner saw Fowler pass Crawford a gun. Id. at 173. They returned to the house where Shields was tosell him the marijuana. According to Pet...
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