Alexander v. Robinson

11 F. App'x 456
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 18, 2001
DocketNo. 00-1449
StatusPublished
Cited by2 cases

This text of 11 F. App'x 456 (Alexander v. Robinson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alexander v. Robinson, 11 F. App'x 456 (6th Cir. 2001).

Opinion

RYAN, Circuit Judge.

The respondent, Kenneth Robinson, warden at Mound Correctional Facility in Detroit, Michigan, appeals the district court’s grant of petitioner Billy Alexander’s habeas corpus application brought pursuant to 28 U.S.C. § 2254. We will reverse.

I.

On June 18, 1994, Billy Alexander, Jimmy Ray Sanders, and Ralph Sergott met [457]*457Carrie Lyn Hasley and Arville Cole, Jr., in the parking lot of R.J.’s Party Store in Romulus, Michigan. Cole asked Alexander, Sanders, and Sergott if they were interested in buying a radio, and after receiving positive responses, the five of them went to Sergott’s home to get the money needed for the radio purchase.

While sitting in Sergott’s car, Alexander, Sanders, and Sergott examined the radio. Alexander then pulled out a handgun and pointed it at Hasley and Cole, who were standing outside of the car. Hasley testified that Sergott demanded her purse and then Sanders demanded her gold chains. Cole testified that someone demanded his beeper, but he was unsure which person made the demand. After Hasley refused to part with either her purse or chains, Alexander fired the weapon. Cole stepped in front of Hasley and was struck by the bullet; it traveled through his body and hit Hasley.

On October 19, 1995, after a state court bench trial, Alexander was convicted of: (1) one count of assault with intent to commit armed robbery, Mich. Comp. Laws § 750.89; (2) two counts of felonious assault, Mich. Comp. Laws § 750.82; and (8) one count of possession of a firearm during the commission of a felony, Mich. Comp. Laws § 750.227b. He was sentenced to a prison term of 10-20 years on the assault with intent to commit armed robbery count, a concurrent term of two to four years for each of the felonious assault charges, and a mandatory consecutive two year term on the felony firearm count. The Michigan Court of Appeals affirmed the conviction and sentence, People v. Alexander, No. 192385 (Mich. Ct.App. June 27, 1997) (per curiam) (unpublished disposition), and the Michigan Supreme Court denied leave to appeal, People v. Alexander, 457 Mich. 857, 581 N.W.2d 729 (1998).

On April 26, 1999, Alexander filed an application for a writ of habeas corpus in federal court pursuant to 28 U.S.C. § 2254, challenging his conviction for assault with intent to commit armed robbery with respect to Hasley’s purse and gold chains. On December 30, 1999, a magistrate judge recommended that the writ be granted. The magistrate judge’s report concluded that (1) there was insufficient evidence to support Alexander’s conviction as a principal for assault with intent to commit armed robbery; and (2) the Michigan Court of Appeals erroneously relied on an aider and abettor theory to affirm Alexander’s conviction, thus violating the Double Jeopardy Clause of the United States Constitution because the trial court had expressly acquitted Alexander on all charges of aiding and abetting. On March 22, 2000, the district court adopted the magistrate judge’s report and entered judgment granting Alexander’s habeas corpus application under 28 U.S.C. § 2254.

II.

Because Alexander’s habeas application was filed on April 26, 1999, after the Anti-terrorism and Effective Death Penalty Act of 1996 (AEDPA) became effective on April 24, 1996, AEDPA provisions prescribe the appropriate standard of review. See Lindh v. Murphy, 521 U.S. 320, 336, 117 S.Ct. 2059, 138 L.Ed.2d 481 (1997). The district court’s legal conclusions are reviewed de novo and its factual findings for clear error. Lucas v. O’Dea, 179 F.3d 412, 416 (6th Cir.1999). This court must defer to the state court’s legal Conclusions unless they are contrary to or unreasonably apply clearly established federal law as determined by the United States Supreme Court. 28 U.S .C. § 2254(d)(1). We defer to the state court’s factual conclusions unless they are 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)(2).

[458]*458A state court decision is contrary to Supreme Court precedent 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 confronts facts that are materially indistinguishable from a relevant Supreme Court precedent and arrives at a result opposite to [theirs].” Williams v. Taylor, 529 U.S. 362, 405, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000). A state court decision will be deemed to be “objectively unreasonable” if “the state court identifies the correct governing legal rule from [the Supreme Court’s] cases but unreasonably applies it to the facts of the particular state prisoner’s case ... [or] if the state court either unreasonably extends a legal principle from [Supreme Court] precedent to a new context where it should not apply or unreasonably refuses to extend that principle to a new context where it should apply.” Id. at 376, 407,120 S.Ct. 1495.

III.

Only Alexander’s conviction for assault with intent to commit armed robbery of Hasley’s purse and gold chains is at issue in this appeal. In summary, Alexander pointed a gun at Hasley and Cole while Sergott demanded Hasley’s purse, Sanders demanded her gold chains, and someone demanded Cole’s beeper. Alexander contends that there is insufficient evidence to support his conviction. We believe that the district court misconstrued the portions of the state trial court transcript concerning Alexander’s conduct and erroneously concluded that Alexander’s double jeopardy rights were violated when the Michigan Court of Appeals affirmed his conviction.

The state trial court judge concluded that Alexander had not pointed the gun at Hasley and Cole with the purpose of committing a murder or causing great bodily harm, but instead, Alexander was trying to scare Cole and get him to back away from the car so they could escape with the radio. With respect to Alexander’s culpability for assault with intent to commit armed robbery of Hasley’s purse and gold chains, the judge stated:

I do believe without any question that proof beyond a reasonable doubt has been shown with the assault with the intent to [commit armed robbery], I believe certainly that Mr. Alexander demanded the purse from Ms. Hasley while he was armed with a gun; that he did so with the intent to take that, to steal it and rob it....

(Emphasis added.)

While Alexander was not charged with intent to commit armed robbery of Cole or aiding and abetting an assault on Cole, the trial court judge stated his position relating to Alexander’s possible guilt with respect to Cole:

I think that the best that can be said even about the beeper is that Mr.

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