Allen v. Hawley

74 F. App'x 457
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 7, 2003
DocketNo. 01-1320
StatusPublished
Cited by12 cases

This text of 74 F. App'x 457 (Allen v. Hawley) 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
Allen v. Hawley, 74 F. App'x 457 (6th Cir. 2003).

Opinions

RYAN, Circuit Judge.

This appeal presents the question whether the district court erred in holding that the petitioner is not entitled to federal habeas corpus relief from his state court conviction for murder, on the ground that the alleged misconduct of the state trial judge denied him the fair trial that is guaranteed by the Due Process Clause of the Fourteenth Amendment.

We hold that the district court did not err.

I.

Petitioner Joseph Allen was convicted of murder in the first degree in a Michigan state court and his conviction was affirmed on direct appeal to the Michigan Court of Appeals. Michigan v. Allen, No. 137526 (Mich. Ct.App. June 1, 1994) (unpublished disposition). His application for leave to appeal to the Michigan Supreme Court was denied. Michigan v. Allen, 448 Mich. 905, 532 N.W.2d 534 (Mich.1995) (order). He then brought a petition in the district court for federal habeas corpus relief and that, too, was denied. Allen v. Hawley, No. 97-40118 (E.D.Mich. Dec. 22, 2000) (unpublished order). He now appeals.

Allen’s principal claim in the Michigan Court of Appeals and in his federal habeas petition is that he was denied a fair trial under the Due Process Clause of the Fourteenth Amendment because, during the course of his trial, the state trial judge’s behavior repeatedly indicated a bias against the petitioner and in favor of the prosecution.

Our very limited authority to review the Court of Appeals decision is defined by Congress in 28 U.S.C. § 2254(d), a portion of the statute more popularly known as the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub.L. No. 104-132, 110 Stat. 1214 (1996), codified as amended at 28 U.S. § 2254 (West Supp.2002). In § 2254(d), Congress enacted a rebuttable presumption that a federal court may not grant habeas relief from a state court conviction if the last state court adjudicated “on the merits” the same federal law question that is presented to the federal court. But Congress also created two exceptions to that bar. A federal court may grant habeas relief in such a case if the state court adjudication is either “contrary to” or “involved an unreasonable application of’ settled federal law, as decided by the United States Supreme Court. 28 U.S.C. § 2254(d)(1).

The statute states:
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 elaim-
(1) resulted in a decision that was [ (a) ] contrary to, or [ (b) ] involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States....

28 U.S.C. § 2254(d) (West Supp.2002).

The parties seem to agree-at least they do not disagree-that when the Michigan Court of Appeals affirmed Allen’s murder conviction, it rendered a decision “on the merits” of his claim that the state trial judge’s alleged bias denied him a fair trial under the Due Process Clause of the Fourteenth Amendment. There also appears to be no disagreement that Allen made the same claim in his federal habeas petition. We agree.

Since it is not disputed that the state court ruling was “on the merits,” we must declare “deference to the state court.” McKenzie v. Smith, 326 F.3d 721, 726-27 [459]*459(6th Cir.2003). We may not “ ‘exercise our independent judgment’ and review the claim de novo. Id. (quoting Hain v. Gibson, 287 F.3d 1224, 1229 (10th Cir.2002), cert. denied, 537 U.S. 1173, 123 S.Ct. 993, 154 L.Ed.2d 916 (2003)). Instead, our authority to entertain Allen’s fair trial challenge is limited to determining only whether the Michigan Court of Appeals decision was (1) “contrary to” or (2) “an unreasonable application of’ clearly established federal law, as determined by the United States Supreme Court.

In doing so, we first must determine whether the “contrary to” or the “unreasonable application of’ prong of § 2254(d)(1) applies. The petitioner seems unconcerned about that distinction and in his brief to this court repeatedly argues that both prongs are applicable. The government is not much more helpful, arguing that the Michigan Court of Appeals decision was not “contrary to” or did not involve “an unreasonable application of’ clearly established Supreme Court law, without discussing the distinction between the two. However, because the parties seem to agree that the state court decision implicated the right to a fair trial under the Due Process Clause of the Fourteenth Amendment, and thus was an “adjudication] on the merits,” we will apply the “unreasonable application” prong rather than the “contrary to” prong of § 2254(d)(1). See Bugh v. Mitchell, 329 F.3d 496, 507-08 (6th Cir.2003); Thompson v. Bell, 315 F.3d 566, 585-86 (6th Cir.2003). The Supreme Court has defined an unreasonable application as “ ‘correctly identifying] the governing legal principle only to unreasonably apply that principle to the particular facts of the case at hand.’” Thompson, 315 F.3d at 586 (quoting Doan v. Brigano, 237 F.3d 722, 730 (6th Cir.2001)).

II.

We now turn to the ultimate and dispositive question before us: whether the district court erred in concluding that the petitioner has not shown that the Michigan Court of Appeals “unreasonabl[y] appli[ed]” clearly established fair trial and due process law as decided by the United States Supreme Court when it concluded, on direct appeal, that he was not denied a fair trial by the alleged judicial bias of the state trial judge.

III.

The specifics of the state trial judge’s concededly rude, injudicious, and overbearing behavior during Allen’s trial are amply detailed in the magistrate judge’s report and recommendation and are set forth in even greater detail in our brother Judge Clay’s opinion. Moreover, they are well known to the parties and need no reiteration in this unpublished opinion.

Allen argues in his brief to this court that what he variously describes as the trial judge’s “hostility,” “impatience,” “intemperance,” “unwonted intrusions,” and “belligerent and argumentative” behavior amounted to judicial misconduct that in its total effect “broadcast partiality” in favor of the prosecution and against the petitioner, and therefore, denied Allen a fair trial. Although the petitioner does not explicitly declare that the “judicial misconduct” of the trial judge amounted to judicial “bias,” we think that is the essence of his due process claim.

IV.

Supreme Court decisions addressing claims of a denial of due process because of a trial judge’s bias follow two lines of reasoning. One group of cases addresses charges of “judicial bias” stemming from a trial judge’s “personal interest,” or [460]*460“stake,” in the outcome of a case, usually derived from some extrajudicial association with the cause or with one of the parties.

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Bluebook (online)
74 F. App'x 457, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-hawley-ca6-2003.