Williams v. Lafler, Civil No. 2:08-10472

• Decision Date: 24 August 2011
• Docket Number: Civil No. 2:08-10472
• Parties: KEITH WILLIAMS, Petitioner, v. BLAINE LAFLER, Respondent
• Court: U.S. District Court — Eastern District of Michigan

KEITH WILLIAMS, Petitioner, v. BLAINE LAFLER, Respondent

Civil No. 2:08-10472

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Dated: August 24, 2011

HONORABLE DENISE PAGE HOOD

UNITED STATES DISTRICT JUDGE

OPINION AND ORDER DENYING THE PETITION FOR WRIT OF HABEAS

CORPUS, DENYING A CERTIFICATE OF APPEALABILITY, AND GRANTING

PETITIONER LEAVE TO APPEAL IN FORMA PAUPERIS

Keith Williams, ("Petitioner"), presently confined at the Oaks Correctional Facility in Manistee, Michigan, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, in which he challenges his convictions for second-degree murder, M.C.L.A. 750.317; and felony-firearm, M.C.L.A. 750.227b. For the reasons that follow, the petition for writ of habeas corpus is DENIED.

I. Background

Petitioner was originally charged with first-degree murder and felony-firearm. Following a jury trial in the Wayne County Circuit Court, petitioner was found guilty of the lesser included offense of second-degree murder and guilty as charged of felony-firearm.

This Court recites verbatim the relevant facts relied upon by the trial court in denying petitioner's post-conviction motion for relief from judgment, which arepresumed correct on habeas review pursuant to 28 U.S.C. § 2254(e)(1). See e.g. Wagner v. Smith, 581 F.3d 410, 413 (6th Cir. 2009):

Dr. Leigh Hlvaty, an assistant Wayne County Medical Examiner noted three graze gunshot wounds on the exterior of Mr. Hart. The grazes were consistent with the person having his hand raised and extended. The wound track was from front to back, left to right and slightly down. The bullet passed through the armpit though major blood vessels severing an artery and went to the spinal column. The cause of death was a single gunshot wound which caused extensive blood loss. The manner of death was homicide.

Detroit Police Investigator Ronald Tate went to the location of 9330 Sorrento in the City of Detroit on October 3, 1999 because of a reported shooting. He saw blood on the sidewalk as he walked into the house. There was a pool of blood inside the house. The victim, Mr. Hart, had been transported to the hospital. The evidence technician, Police Officer Frank Horan, took photographs of the scene, gathered ammunition and a rifle stock.

Nadine Hart, the wife of Charles Hart, lived on Sorrento but was separated from her husband. She identified Keith Williams, who she knew from church, as well as his brother, Kelyn Williams. Keith and Kelyn lived in the basement of her home at 9330 Sorrento with her children and herself for a number of weeks. Keith and Kelyn were waiting for an apartment to be prepared for their occupancy. Mrs. Hart wanted Keith to move out. She claimed Keith argued with Samuel and Sherry (her children), herself and even with his own brother, Kelyn.

Charles Hart came to the home on October 3rd and wanted to speak with Keith and Kelyn. They came upstairs and they talked in Samuel's room. Nadine stood in the hallway outside of the bedroom. Charles told Keith and Kelyn he did not want any more problems with either his children or his wife. He said he would appreciate it if they would be gone by Monday and he could help them move because he had a truck. Charles was not screaming at either one of them, nor did he speak in a loud voice. The conversation lasted less than five minutes. Charles Hart did not have a weapon.

Kelyn left and went to the kitchen and Keith went to the basement.

Nadine Hart was still standing in the hallway when she heard Keith come up the stairs saying, "What MF, what MF?" Keith had a rifle. He pointed the rifle at Charles and called him a "mother fucker." He then shot Charles one time. The rifle was pointed directly at Charles. Keith did not give Charles a chance to respond. Charles did not have a chance to defend himself. Charles fell to the floor and there was blood everywhere.

Keith Williams ran out of the kitchen and out the back door with the rifle,

Kelyn Williams testified he lived in the basement at 9330 Sorrento with his aunt Nadine Hart. His brother, Keith, lived there too. Nadine let them sleep anywhere in the house. Keith and Nadine had troubles while they resided in the same house. Kelyn knew they were required to move out, although they were not given a deadline. Kelyn said Charles wanted to talk to him and Keith in Sam's bedroom. Charles addressed the fact that they disrespected his wife and asked them if they were planning to move. Keith tried to leave the room, but Mr. Hart told him he was not done speaking to them.

Kelyn went to the kitchen and his brother went downstairs for about two minutes and came back upstairs with a 30/30 Winchester rifle in his hand. Kelyn said to him "it's not worth it" and Keith pushed him aside and went to where Charles was standing. Kelyn heard a single shot and Charles fell to the floor. Keith ran past Kelyn with the rifle in his hand and Keith told him he has to hurry and get out of here. Keith changed his clothes and ran out the door with the gun in his hand. Charles did not have a weapon.

People v. Williams, No. 00-000326-01, * 2-5 (Wayne County Circuit Court, July 16, 2007).

In addition to this testimony, Sean Ellis, the victim's son, testified that he was upstairs in the house when he heard a gunshot. Prior to hearing this gunshot, Ellis had not heard any yelling, screaming, or fighting downstairs. Ellis ran downstairs and saw petitioner standing in the hallway talking to his brother. When Ellis asked petitioner why he shot his father, petitioner told him that thevictim had threatened him by suggesting that the men "take the matter outside." Petitioner then fled from the house, taking his gun with him. Ellis insisted that the victim did not have a weapon.

Samuel Hart, the victim's other son, testified that his father spoke to petitioner and his brother in his bedroom while he stood outside the door. Samuel Hart testified that the conversation lasted about five minutes, and that there was no screaming or yelling coming from the bedroom. Samuel Hart did not hear anyone suggest they could take the discussion outside. Samuel Hart testified that petitioner and his brother Kelyn left the room. Kelyn Williams went to the living room with Samuel Hart, his mother Nadine, and his father Charles. Petitioner went downstairs to the basement. Samuel Hart testified that his father was in the process of leaving the house, when petitioner walked up with a rifle in his hands. Kelyn Willams told petitioner not to shoot the victim. Petitioner turned around, said "what motherfucker, what" to the victim, and then shot him. Petitioner then ran out the door. Samuel Hart testified that his brother Sean Ellis grabbed his father's keys out of his pocket and fled in his father's car to his cousin's house because he was so upset. Samuel Hart testified that his father was unarmed and never made any threats toward petitioner.

The Michigan Court of Appeals affirmed the conviction. People v. Williams,No. 232255(Mich.Ct.App. May 21, 2002). In lieu of granting leave to appeal, the Michigan Supreme Court remanded the case to the Michigan Court ofAppeals for reconsideration of petitioner's sentencing issue in light of their decision in People v. Babcock, 469 Mich. 247; 666 N.W.2d 231 (2003). People v. Williams, 469 Mich. 916; 673 N.W. 2d 105 (2003). On remand, the Michigan Court of Appeals remanded the case to the trial court for resentencing. People v. Williams, No. 232255 (Mich.Ct.App. January 29, 2004)(On Remand); lv. den. 471 Mich. 884, 688 N.W.2d 507 (2004); reconsideration den. 471 Mich. 956, 690 N.W.2d 118 (2004). Having been originally sentenced to a term of forty to eighty five years, petitioner was resentenced to a term of three hundred twelve months to fifty years. People v. Williams, No. 00-000326-1 (Wayne County Circuit Court, July 16, 2007).

Following resentencing, petitioner filed a pro se motion for relief from judgment pursuant to M.C.R. 6.500, et. seq. The trial court subsequently appointed appellate counsel for petitioner, who filed a supplemental motion for relief from judgment on his behalf. The trial court denied petitioner's post-conviction motion. People v. Williams, No. 00-000326-1(Wayne County Circuit Court, July 16, 2007). The Michigan appellate courts denied petitioner leave to appeal. People v. Williams, No. 279642 (Mich.Ct.App. September 17, 2007); lv. den. 480 Mich. 1012, 743 N.W.2d 49 (2008).

On January 31, 2008, petitioner filed his petition for writ of habeas corpus, in which he listed the five following claims for habeas relief:

I. The convictions and sentence under which Defendant is imprisonedare unlawful and void because of multiple violations of Defendant's right to due process of law guaranteed by the Fourteenth Amendment to the Constitution of the United States, violation of equal protection of the law guaranteed by the Fourteenth Amendment, and violation of the right to the effective assistance of counsel protected by the Sixth Amendment. These violations are not mere irregularities, but are major constitutional violations which cast significant doubt on the fairness of Defendant's trial and, more importantly, call into question the verdicts.

II. Defendant was convicted of murdering Charles Hart Jr. The conviction was based almost entirely upon the testimony of Nadine Hart and her sons, Samuel L. Hart, and Shawn Ellis. They testified that the Defendant shot Charles Hart Jr. as both men stood erect on a flat and level floor, for no reason. Based on that testimony, Defendant was convicted of the lesser charge of second-degree murder. Shawn Ellis himself has a criminal history and since been prosecuted and convicted of several felonies, and may be still serving time within the Michigan prison system. Kelyn Williams, another witness who testified against Defendant, also has a criminal history and has since recanted his trial testimony via a written statement to Defendant's ex-appellate attorney, Ms. Chari K. Grove.

III.

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