Wilkins v. Horton

• Decision Date: 25 June 2020
• Docket Number: Case No. 2:20-cv-42
• Parties: NAJEE SHARIF WILKINS, Petitioner, v. CONNIE HORTON, Respondent.
• Court: U.S. District Court — Western District of Michigan

NAJEE SHARIF WILKINS, Petitioner, v. CONNIE HORTON, Respondent.

Case No. 2:20-cv-42

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN NORTHERN DIVISION

June 25, 2020

Honorable Paul L. Maloney

OPINION

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) (district court has the duty to "screen out" petitions that lack merit on their face). 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.

Discussion

I. Factual allegations

Petitioner Najee Sharif Wilkins is incarcerated with the Michigan Department of Corrections at the Chippewa Correctional Facility (URF) in Kincheloe, Chippewa County, Michigan. Following an eight-day jury trial in the Kent County Circuit Court, Petitioner was convicted of second-degree murder, in violation of Mich. Comp. Laws § 750.317, and perjury, in violation of Mich. Comp. Laws § 767A.9. On March 3, 2016, the court sentenced Petitioner to respective prison terms of 45 to 100 years and 10 to 40 years.

On March 31, 2020, Petitioner filed his habeas corpus petition. Under Sixth Circuit precedent, the application is deemed filed when handed to prison authorities for mailing to the federal court. Cook v. Stegall, 295 F.3d 517, 521 (6th Cir. 2002). Petitioner placed his petition in the prison mailing system on March 31, 2020. (Pet., ECF No. 1, PageID.27.)

The petition raises twelve grounds for relief, as follows:

I. THE TRIAL COURT ABUSED ITS DISCRETION IN ADMITTING SIM[I]LAR ACTS OF EVIDENCE UNDER MRE 404(B), SPECIFICALLY, EVIDENCE OF SO-CALLED WITNESS TAMPERING AND WITNESS INTIMIDATION AND IN SO DOING DENIED PETITIONER WILKINS HIS GUARANTEED FUNDAMENTAL DUE PROCESS SIXTH AND FOURTEENTH AMENDMENT RIGHT TO A FAIR TRIAL[.]

II. THE TRIAL COURT ABUSED ITS DISCRETION IN ALLOWING WITNESS A.D. CHRISTIAN TO TESTIFY THAT HE HAD "HEARD" THAT THE VICTIM WAS INVOLVED IN A NEIGHBORHOOD FEUD[.]

III. [PETITIONER] WAS DEPRIVED OF HIS SIXTH AMENDMENT RIGHT OF CONFRONTATION BY THE ADMISSION OF THE PRELIMINARY EXAMINATION TESTIMONY OF RODNEY LEWIS AND CONSEQUENTLY WAS DENIED HIS FOURTEEENTH AMENDMENT RIGHT TO A FAIR TRIAL[.]

IV. [PETITIONER] WAS DENIED A FUNDAMENTALLY FAIR TRIAL BY IMPROPER VOUCHING BY PROSECUTOR DURING CLOSING

ARGUMENT AND BY TESTIMONY OF THE LEAD DETECTIVE AS TO WHETHER RODNEY LEWIS AND BILLY WAYNE WELCH HAD BEEN CHARGED WITH PERJURY UNDER THE SIXTH AND FOURTEENTH AMENDMENTS[.]

V. [PETITIONER'S] DUE PROCESS RIGHT TO A FAIR TRIAL AND HIS RIGHT TO CONFRONTATION WERE VIOLATED BY PROSECUTION MISCONDUCT FOR ASKING THE TRIAL COURT TO PERMIT ONE OF THE DETECTIVES TO TESTIFY THAT THE OTHER WITNESSES HAD REFUSED TO TESTIFY AND THEN ASKED THE DETECTIVE WHETHER OTHER WITNESSES HAD BEEN CHARGED WITH PERJURY AND THE TRIAL COURT COMMITTED OUTCOME DETERMINATIVE ERROR IN PERMITTING THIS TESTIMONY[.]

VI. TRIAL COURT ERRED IN REFUSING TO GIVE AN INSTRUCTION ON MANSLAUGHTER, EVEN THOUGH THERE WAS EVIDENCE THAT THE VICTIM "SWUNG" AT DEFENDANT BEFORE THE VICTIM WAS KILLED[.]

VII. [PETITIONER] IS ENTITLED TO RE-SENTENCING BECAUSE MINIMUM TERM WAS AN UNREASONABLE AND DISPROPORTIONATE UPWARD DEPARTURE FROM THE RE[]COMMENDED GUIDELINES RANGE[.]

VIII. [PETITIONER] WAS DEPRIVED OF HIS LIBERTY WITHOUT DUE PROCESS OF LAW, IN VIOLATION OF THE STATE AND UNITED STATES CONSTITUTIONS WHERE THE EVIDENCE WAS INSUFFICIENT BUT THE CONVICTION WAS NEVER THE LESS OBTAINED AS A RESULT OF CONSTITUT[ION]ALLY INFIRM AND INADMISSABLE EVIDENCE, DENIAL OF CONFRONTATION, CROSS-EXAMINATION, PROSECUTORIAL MISCONDUCT AND INSUFFICIENT JURY INSTRUCTION[.]

IX. [PETITIONER] WAS DENIED HIS STATE AND FEDERAL CONSTITUTIONAL RIGHTS, DUE PROCESS AND EQUAL PROTECTION OF THE LAW WHERE THE PROSECUTOR COMMITTED PROSECUTORIAL MISCONDUCT, DENYING [PETITIONER] A FAIR AND IMPARTIAL TRIAL[.]

X. [PETITIONER] WAS DENIED HIS STATE AND FEDERAL CONSTITUTIONAL RIGHTS TO DUE PROCESS, EQUAL PROTECTION OF LAW WHERE THE TRIAL JUDGE GAVE AN INSUFFICIENT JURY INSTRUCTION[.]

XI. [PETITIONER] WAS DENIED HIS STATE AND FEDERAL CONSTITUTIONAL RIGHT TO DUE PROCESS, EQUAL

PROTECTION OF THE LAW[, AND] EFFECTIVE ASSISTANCE OF TRIAL COUNSEL, WHERE THE TRIAL COURT ERRONEOUSLY MISCALCULATED [PETITIONER'S] OV GUIDELINES SCORES, AND THE MISCAL[C]ULATION WAS NOT SUPPORTED BY THE FACTS OF THE CASE AS REQUIRED BY LAW[.]

XII. [PETITIONER] WAS DENIED HIS STATE AND FEDERAL CONSTITUTIONAL RIGHT TO EQUAL PROTECTION, DUE PROCESS OF LAW, AND EFFECTIVE ASSISTANCE OF COUNSEL UNDER THE SIXTH AND FOURTEENTH AMENDMENT[S] OF THE UNITED STATES CONSTITUTION[] AND MICHIGAN CONSTITUTION 1963 ARTICLE 1, § 17.20[.]

(Br. in Supp. of Pet., ECF No. 4, PageID.64, 71, 75, 79, 83, 88, 94, 98, 101, 112, 115, 119.)

The facts underlying Petitioner's convictions were thoroughly detailed in the 25-page unpublished opinion of the Michigan Court of Appeals:

On November 25, 2008, 17-year-old Khiry Walker died from a gunshot wound to the head. The fatal shot was fired from behind, shortly after 7:00 p.m., while Walker was in the Martin Luther King park in Grand Rapids, Michigan. An autopsy was performed the next day and three lead fragments consistent with a .22 caliber bullet were recovered. The park was covered in snow at the time and the police were unable to locate any ballistics evidence during their initial search. However, when the snow melted in February 2009, the police returned and discovered two .22 caliber casings near the location where Walker's body was found.

The investigation was hindered from its early stages owing in large part to a lack of cooperation from witnesses who might have had knowledge concerning Walker's death. From the few people that were willing to speak about the shooting, the police learned that Walker and his friends had been engaged in an ongoing feud with another group of local teenagers. Although the witnesses carefully avoided placing labels on the nature of these groups, the parties stipulated at trial that defendant and Walker were associated with rival street gangs, loosely referred to as "Alto" and "Benjamin" based on the streets where their members lived or spent time. The Benjamin gang included Walker, Domenque Garmon, and Ravonte Chapman. Defendant, Dareyon York, Vondell Davis, Avery Ford, and Billy Wayne Welch were identified as members of Alto. Detective Matthew Kubiak obtained investigative subpoenas for each of the Alto members in 2009 and elicited sworn testimony concerning Walker's death. In pertinent part, defendant testified that he was at York's house on the evening of November 25, 2008, and did not have any information concerning the shooting. Years later, Detective Kubiak received information that ultimately lead the prosecutor to charge Ford, York, Davis, and defendant with perjury in connection with their investigative subpoena testimony.

In the wake of the perjury charges, Ford and York recanted their previous testimony and implicated defendant in Walker's murder.

At trial, Walker's family and friends established that he took the bus to Benjamin Street on the night of his death, intending to go to Garmon's house. York testified that he agreed to meet defendant at the bus stop near the southwest corner of the park on the night of the shooting to confront Walker. When Walker disembarked from the bus, he saw defendant, "threw a little punch," and then ran toward the park. According to York, defendant pursued Walker with a .22 caliber Ruger in hand and fired two shots at the ground while yelling for Walker to stop. Walker continued to run and defendant shot in his direction twice more. York did not see Walker fall to the ground, but recalled that defendant got very upset and kept saying, "He fell." Relevant cell phone records introduced at trial were consistent with York's explanation of the events surrounding Walker's death.

Arthur Brown also corroborated much of York's testimony. Brown was driving through the neighborhood at the time of the shooting when he saw two people chasing a young man, heading in the direction of the park pool. He recognized the two pursuers as defendant and York and indicated that they were both armed, though only defendant fired at Walker. Brown also testified about a conversation he had with defendant several weeks later in which defendant said, "[H]e just had a beef with the young man. He did what he had to do." Defendant said that he "laid [Walker] down," which Brown understood to mean that defendant took Walker's life. Several other witnesses described the ongoing feud between the Alto and Benjamin gangs and defendant's possession of a .22 caliber handgun around the time of the shooting. Others reported conversations with defendant in which he tacitly acknowledged his responsibility for Walker's death.

Of particular importance to this appeal, the prosecutor also presented extensive evidence showing that defendant and his brother, Cortez Wilkins, had threatened several witnesses or otherwise interfered with their testimony. For instance, after York was charged with perjury, Cortez visited him in jail at defendant's request and advised him to "stay strong" and "take the Fifth." At trial, York confirmed that Cortez was insinuating he should continue to lie for defendant, as Cortez was aware that York's earlier testimony was untrue.

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