Oros v. McCullick
Full Citation | Oros v. McCullick, Case No. 1:19-cv-535 (W.D. Mich. Aug 16, 2019) |
Decision Date | 16 August 2019 |
Docket Number | Case No. 1:19-cv-535 |
Parties | CHRISTOPHER OROS, Petitioner, v. MARK MCCULLICK, Respondent. |
Court | U.S. District Court — Western District of Michigan |
Honorable Paul L. Maloney
This is a habeas corpus action brought by a state prisoner under 28 U.S.C. § 2254. Promptly after the filing of a petition for habeas corpus, the Court must undertake a preliminary review of the petition to determine whether "it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief in the district court." Rule 4, Rules Governing § 2254 Cases; see 28 U.S.C. § 2243. If so, the petition must be summarily dismissed. Rule 4; see Allen v. Perini, 424 F.2d 134, 141 (6th Cir. 1970) ( ). A dismissal under Rule 4 includes those petitions which raise legally frivolous claims, as well as those containing factual allegations that are palpably incredible or false. Carson v. Burke, 178 F.3d 434, 436-37 (6th Cir. 1999). After undertaking the review required by Rule 4, the Court concludes that the petition must be dismissed because it fails to raise a meritorious federal claim.
Petitioner Christopher Oros is incarcerated with the Michigan Department of Corrections at the St. Louis Correctional Facility (SLF) in St. Louis, Michigan.. Following a six-day jury trial in the Kalamazoo County Circuit Court, Petitioner was convicted of first-degree premeditated murder in violation of Mich. Comp. Laws § 750.316(1)(a), first-degree felony murder in violation of Mich. Comp. Laws § 750.316(1)(b), first-degree arson in violation of Mich. Comp. Laws § 750.72, second-degree home invasion in violation of Mich. Comp. Laws § 750.110a(3), and escape while awaiting trial in violation of Mich. Comp. Laws § 750.197(2). On August 24, 2015, the court sentenced Petitioner as a habitual offender-second offense, Mich. Comp. Laws § 769.10, to respective prison terms of life without the possibility of parole for the murder convictions, 25 to 40 years for the arson conviction, 10 years to 22 years, 6 months for the home invasion conviction, and 2 to 6 years for the escape conviction.
On July 3, 2019, Petitioner timely filed his habeas corpus petition raising three grounds for relief, as follows:
(Pet., ECF No. 1, PageID.5, 7-8.)
The facts underlying Petitioner's prosecution were summarized by the Michigan Court of Appeals as follows:
People v. Oros, 904 N.W.2d 209, 213 (Mich. Ct. App. 2017).
Petitioner appealed his convictions and sentences to the Michigan Court of Appeals raising seven issues including each of his habeas issues. The Michigan Court of Appeals agreed with Petitioner that there was insufficient evidence of premeditation and deliberation and, therefore, Petitioner's first-degree premeditated murder conviction was properly reduced to second-degree murder. The Michigan Court of Appeals also agreed with Petitioner regarding the felony murder instruction—false pretenses was not a proper foundation for a felony murderconviction. The appellate court reversed that conviction and remanded for retrial on the felony murder charge. The court's decision afforded Petitioner some relief as to each of the issues he raises in his habeas petition.
The prosecutor filed an application for leave to appeal the court of appeals' decision in the Michigan Supreme Court. The supreme court heard oral argument on the application and, in lieu of granting leave to appeal, a five-justice majority concluded the court of appeals had erred with regard to the sufficiency of the evidence supporting the first-degree premeditated murder conviction. By opinion issued July 5, 2018, the supreme court reversed that part of the court of appeals' opinion and reinstated Petitioner's first-degree premeditated murder conviction. People v. Oros, 917 N.W.2d 229 Mich. (2018). This petition followed.
This action is governed by the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. 104-132, 110 Stat. 1214 (AEDPA). The AEDPA "prevents federal habeas 'retrials'" and ensures that state court convictions are given effect to the extent possible under the law. Bell v. Cone, 535 U.S. 685, 693-94 (2002). An application for writ of habeas corpus on behalf of a person who is incarcerated pursuant to a state conviction cannot be granted with respect to any claim that was adjudicated on the merits in state court unless the adjudication: "(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 upon an unreasonable determination of the facts in light of the evidence presented in the state court proceeding." 28 U.S.C. § 2254(d). This standard is "intentionally difficult to meet." Woods v. Donald, 575 U.S. ___, 135 S. Ct. 1372, 1376 (2015) (internal quotation omitted).
The AEDPA limits the source of law to cases decided by the United States Supreme Court. 28 U.S.C. § 2254(d). This Court may consider only the holdings, and not the dicta, of theSupreme Court. Williams v. Taylor, 529 U.S. 362, 412 (2000); Bailey v. Mitchell, 271 F.3d 652, 655 (6th Cir. 2001). In determining whether federal law is clearly established, the Court may not consider the decisions of lower federal courts. Lopez v. Smith, 574 U.S. 1, 4 (2014); Marshall v Rodgers, 569 U.S. 58, 64 (2013); Parker v Matthews, 567 U.S. 37, 48-49 (2012); Williams, 529 U.S. at 381-82; Miller v. Straub, 299 F.3d 570, 578-79 (6th Cir. 2002). Moreover, "clearly established Federal law" does not include decisions of the Supreme Court announced after the last adjudication of the merits in state court. Greene v. Fisher, 565 U.S. 34, 37-38 (2011). Thus, the inquiry is limited to an examination of the legal landscape as it would have appeared to the Michigan state courts in light of Supreme Court precedent at the time of the state-court adjudication on the merits. Miller v. Stovall, 742 F.3d 642, 644 (6th Cir. 2014) (citing Greene, 565 U.S. at 38).
A federal habeas court may issue the writ under the "contrary to" clause if the state court applies a rule different from the governing law set forth in the Supreme Court's cases, or if it decides a case differently than the Supreme Court has done on a set of materially indistinguishable facts. Bell, 535 U.S. at 694 (citing Williams, 529 U.S. at 405-06). "To satisfy this high bar, a habeas petitioner is required to 'show that the state court's ruling on the claim being presented in federal court was so lacking in justification that there was an error well understood and comprehended in existing law beyond any possibility for fairminded disagreement.'" Woods, 135 S. Ct. at 1376 (quoting Harrington v. Richter, 562 U.S. 86, 103 (2011)). In other words, "[w]here the precise contours of the right remain unclear, state courts enjoy broad discretion in their adjudication of a prisoner's claims." White v. Woodall, 572 U.S. 415, 424 (2014) (internal quotations omitted).
The AEDPA requires heightened respect for state factual findings. Herbert v. Billy, 160 F.3d 1131, 1134 (6th Cir. 1998). A determination of a factual...
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