Robinson v. Winn
Decision Date | 06 June 2019 |
Docket Number | Civil No. 2:17-CV-13892 |
Parties | BENNIE L. ROBINSON, Petitioner, v. TOM WINN, Respondent. |
Court | U.S. District Court — Eastern District of Michigan |
OPINION AND ORDER DENYING THE PETITION FOR A WRIT OF HABEAS CORPUS AND GRANTING A CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS
Bennie L. Robinson, ("petitioner"), confined at the Saginaw Correctional Facility in Freeland, Michigan, has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, in which he challenges his conviction for two counts of second-degree murder, M.C.L.A. § 750.317, felon in possession of a firearm, M.C.L.A. § 750.224f, and possession of a firearm during the commission of a felony (felony-firearm), M.C.L.A. § 750.227b. The trial court sentenced petitioner as a fourth habitual offender, M.C.L.A. § 769.12, to 60 to 100 years' imprisonment for each murder conviction, 40 months to 5 years' imprisonment for the felon in possession of a firearm conviction, and two years' imprisonment for the felony-firearm conviction. For the reasons stated below, theapplication for a writ of habeas corpus is DENIED WITH PREJUDICE.
Petitioner was convicted of the above offenses following a jury trial in the Wayne County Circuit Court. This Court recites verbatim the relevant facts relied upon by the Michigan Court of Appeals, which are presumed correct on habeas review pursuant to 28 U.S.C. § 2254(e)(1). See Wagner v. Smith, 581 F.3d 410, 413 (6th Cir. 2009):
People v. Robinson, No. 323467, 2016 WL 232328, at *1 (Mich. Ct. App. Jan. 19, 2016).
Petitioner's conviction was affirmed on appeal. Id., lv. den. 500 Mich. 855, 884 N.W.2d 271 (2016).
Petitioner seeks a writ of habeas corpus on the following grounds:
28 U.S.C. § 2254(d), The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), imposes the following standard of review for habeas cases:
A decision of a state court is "contrary to" clearly established federal law if the state court arrives at a conclusion opposite to that reached by the Supreme Court on a question of law or if the state court decides a case differently than the Supreme Court has on a set of materially indistinguishable facts. Williams v.Taylor, 529 U.S. 362, 405-06 (2000). An "unreasonable application" occurs when "a state court decision unreasonably applies the law of [the Supreme Court] to the facts of a prisoner's case." Id. at 409. 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 clearly established federal law erroneously or incorrectly." Id. at 410-11.
"[A] state court's determination that a claim lacks merit precludes federal habeas relief so long as 'fairminded jurists could disagree' on the correctness of the state court's decision." Harrington v. Richter, 562 U.S. 86, 101 (2011)(citing Yarborough v. Alvarado, 541 U.S. 652, 664 (2004)). Therefore, in order to obtain habeas relief in federal court, a state prisoner is required to show that the state court's rejection of his claim "was so lacking in justification that there was an error well understood and comprehended in existing law beyond any possibility for fairminded disagreement." Harrington, 562 U.S. at 103. A habeas petitioner should be denied relief as long as it is within the "realm of possibility" that fairminded jurists could find the state court decision to be reasonable. See Woods v. Etherton, 136 S. Ct. 1149, 1152 (2016).
This Court notes that the Michigan Court of Appeals reviewed and rejected several of petitioner's claims under a plain error standard because he failed to preserve the issues as constitutional claims at the trial court level. The AEDPA deference applies to any underlying plain-error analysis of aprocedurally defaulted claim. See Stewart v. Trierweiler, 867 F.3d 633, 638 (6th Cir. 2017); cert. den. 138 S. Ct. 1998 (2018).2
A. Claims ## 1 and 2. The excited utterance and confrontation claims.
Petitioner contends that the trial court abused its discretion when it allowed the introduction of Coleman's out-of-court statement to Davis, that Davis' brother had been shot by petitioner. Coleman did not testify at petitioner's trial.
The Michigan Court of Appeals found the statement admissible as an excited utterance, as follows:
Davis testified that he received a telephone call from Coleman shortly after the shooting in which Coleman told Davis that defendant had shot his brother. Coleman's statement related to a fatal shooting, a startling event. The evidence indicated that the call was made approximately 10 minutes after the police received a 911 call about the shooting, and according to Davis, Coleman was "screaming in the phone" during his statement. This evidence supports that Coleman was still "under the influence of an overwhelming emotional condition" when he made the statement. Although defendant argues that there was no evidencethat Coleman's statement was based on personal knowledge, Sumlin's testimony that Coleman was at the home at the time of the shooting was sufficient to show that Coleman's statement was based on personal knowledge. Thus, the trial court did not abuse its discretion in admitting the testimony.
People v. Robinson, 2016 WL 232328, at *2 (internal citations omitted).
It is "not the province of a federal habeas court to reexamine state-court determinations on state-court questions." Estelle v. McGuire, 502 U.S. 62, 67-68 (1991). A federal court is...
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