Taylor v. Withrow

• Decision Date: 31 May 2001
• Docket Number: No. CIV. 00-CV-72292-DT.,CIV. 00-CV-72292-DT.
• Parties: Eric W. TAYLOR, Petitioner, v. Pamela WITHROW, Respondent,
• Court: U.S. District Court — Eastern District of Michigan

154 F.Supp.2d 1037

Eric W. TAYLOR, Petitioner, v. Pamela WITHROW, Respondent,

No. CIV. 00-CV-72292-DT.

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

May 31, 2001.

Eric Taylor, Ionia, MI, Pro se.

William C. Campbell, Michigan Department of Attorney General, Habeas Corpus Division, Lansing, MI, for Respondent.

OPINION AND ORDER GRANTING THE PETITION FOR WRIT OF HABEAS CORPUS¹

TARNOW, District Judge.

Eric W. Taylor, ("petitioner"), presently confined at the Michigan Reformatory in Ionia, Michigan, seeks the issuance of a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In his pro se application, petitioner challenges his conviction on one count of second degree murder, M.C.L.A. 750.317; M.S.A. 28.549, one count of assault with intent to do great bodily harm less than murder, M.C .L.A. 750.84; M.S.A. 28.279; one count of carrying a concealed weapon, M.C.L.A. 750.227; M.S.A. 28.424; and one count of felony-firearm. M.C.L.A. 750.227b; M.S.A. 28.424(2). For the reasons stated below, petitioner's application for writ of habeas corpus is GRANTED.

I. BACKGROUND

Petitioner was charged with open murder², assault with intent to commit murder, carrying a concealed weapon, and possession of a firearm in the commission of a felony, arising from an incident that occurred in Ann Arbor, Michigan on December 3, 1993. Following a jury trial in the Washtenaw County Circuit Court, petitioner was found guilty of the lesser offense of second degree murder, guilty of the lesser offense of assault with intent to do great bodily harm, and guilty as charged on the other two offenses.

On December 3, 1993, a number of friends gathered at the home of Bernadine Joplin at the Pine Lake Projects in Ann Arbor, Michigan. In addition to Bernadine Joplin, present that evening at the apartment were Shalonda Jones, who was the mother of petitioner's child. Also present were Shalonda Jones' brother James Jones, Steve Horgrow, Jamar French, Edgar Campbell, and Michael Franklin. Everyone present was drinking alcohol and smoking marijuana.

Petitioner arrived at this gathering at approximately midnight. Petitioner became involved in an argument with Horgrow over Shalonda Jones. According to Ms. Jones, petitioner had been angry the night before about an alleged relationship between herself and Horgrow. Ms. Jones also testified that shortly prior to the shooting on December 3rd, petitioner threatened to kill her, Mr. Horgrow, and himself. When petitioner arrived at the party that night, he saw Horgrow kissing Jones and a confrontation ensued between the two men. As the two men were being separated, Horgrow and Jamar French threatened petitioner, and petitioner pulled out a gun and one shot was fired. After the shot was fired, Horgrow and Michael Franklin were both hit and fell to the ground. The other persons at the party fled the scene, except for petitioner, who remained and administered cardiopulmonary resuscitation (CPR) to Horgrow until the police and emergency medical technicians arrived. Petitioner did not flee the scene when the police arrived, but requested a ride from Edgar Campbell to the hospital to check on Horgrow's condition.

During his opening statement, defense counsel informed the jury that during the confrontation between petitioner and Horgrow, petitioner pulled out the gun in self-defense, but the gun had discharged accidentally during the ensuing struggle. Petitioner subsequently testified on his own behalf at trial. Petitioner indicated that when he arrived at the party, he asked Shalonda Jones about the nature of her relationship with Horgrow. Petitioner then left the party to get more beer. When he returned to the party, he observed Shalonda and Horgrow kissing. Petitioner confronted Horgrow about the relationship between himself and Shalonda, and Horgrow replied that nothing was going on between the two. At this point, Horgrow's friend, Jamar French, entered the room and asked Horgrow: "`Grow, this nigga got some beef" and looked at petitioner. Petitioner denied that he had any "beef" or dispute with Horgrow. Horgrow then threatened petitioner, saying: "if you got a problem, we can go outside, I'll fuck you up." French then remarked: "If you go outside `Grow, you go outside with us all." James Jones and Edgar Campbell then grabbed petitioner. While trying to get away from these men, petitioner saw Horgrow make a gesture with his right hand, as though he were reaching at his waist for a gun. Petitioner indicated that he had seen Horgrow being arrested in the past with a gun, was aware that Horgrow had pulled a gun in a Ypsilanti restaurant, and stated that the victim was known to keep a gun in his belt. When petitioner saw Horgrow make this gesture, he became terrified and believed that the victim was going to shoot him. Believing that he was about to be shot, petitioner testified that he pulled his gun. After petitioner pulled the gun, James Jones reached for the gun, causing the gun to discharge and fire one shot. After this shot discharged, Jones left the scene with the gun while petitioner performed CPR on Horgrow.

During the jury charge conference, the trial court denied petitioner's request to instruct the jury on self-defense and imperfect self-defense. The jury deliberated over the course of three days, and sent out notes on two separate days indicating that they were deadlocked. The jury also sent out three notes pertaining to the elements of second degree murder and what circumstances could reduce second degree murder to a lesser crime. On March 30, 1995, petitioner was found guilty of second degree murder, assault with intent to do great bodily harm less than murder, carrying a concealed weapon, and felony-firearm.

Petitioner's conviction and sentence were affirmed by the Michigan Court of Appeals and the Michigan Supreme Court. People v. Taylor No. 187231 (Mich.Ct.App. July 18, 1997); leave den. 459 Mich. 878, 586 N.W.2d 743 (1998)(Kelly, J. would grant leave to appeal); reconsideration den. 459 Mich. 878, 590 N.W.2d 65 (1999)(Cavanagh and Kelly, JJ. would grant reconsideration and on reconsideration would grant leave to appeal). Petitioner has now filed an application for a writ of habeas corpus alleging four different claims for relief:³

I. Petitioner's writ of habeas corpus must be granted because the trial court, in denying petitioner's request to instruct the jury on his theory of self-defense, which was timely and supported by the evidence, deprived petitioner of his Fifth and Sixth Amendment rights.

II. Petitioner's writ of habeas corpus must be granted because the trial court, in denying petitioner's request to instruct the jury on his theory of imperfect self-defense, which was timely and supported by the evidence, deprived petitioner of his Fifth and Sixth Amendment rights.

III. Petitioner's writ should be granted where the trial court, by improperly preventing his counsel from adducing evidence of the victim's character as to violence through testimony of prior acts of carrying and brandishing a gun, violated his constitutional right to present a defense.

IV. Petitioner's writ of habeas corpus should be granted where two substitute judges presided over the trial after the evidence had been concluded and the jury had been instructed but before a verdict had been rendered and additional instructions had to be given to the jury, thus depriving petitioner of a fair and impartial jury trial and his due process rights.

II. STANDARD OF REVIEW

An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim—

(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 on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.

28 U.S.C. § 2254(d); Harpster v. State of Ohio, 128 F.3d 322, 326 (6th Cir.1997).

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. An "unreasonable application" occurs when the state court identifies the correct legal principle from a Supreme Court's decision but unreasonably applies that principle to the facts of the prisoner's case. Williams v. Taylor, 529 U.S. 362, 412-413, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000). A federal habeas court may not find a state adjudication to be "unreasonable" "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 411, 120 S.Ct. 1495.

Finally, the term "clearly established federal law" refers to the holdings as opposed to the dicta of the U.S. Supreme Court's decisions at the time of the relevant state court decisions. Williams v. Taylor, 529 U.S. at 412, 120 S.Ct. 1495. With the AEDPA, Congress limited the source of law for federal habeas relief to cases decided by the U.S. Supreme Court. Herbert v. Billy, 160 F.3d 1131, 1135 (6th Cir.1998). However, to the extent that lower or inferior federal courts have decided factually similar cases, references to these decisions by a federal habeas court is appropriate or relevant in determining whether the state court's application of U.S. Supreme Court law was reasonable or unreasonable. Haynes v. Burke, 115 F.Supp.2d 813, 817 (E.D.Mich.2000)(Hood, J.); See also Mountjoy v. New Hampshire State Prison, 245 F.3d 31, 35-36 (1st Cir. 2001); Hull v. Kyler, 190 F.3d 88, 104 (3rd Cir.1999)...