Amunga v. Jones

51 F. App'x 532
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 22, 2002
DocketNo. 00-2220
StatusPublished
Cited by5 cases

This text of 51 F. App'x 532 (Amunga v. Jones) 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
Amunga v. Jones, 51 F. App'x 532 (6th Cir. 2002).

Opinion

OPINION

KAREN NELSON MOORE, Circuit Judge.

Petitioner-Appellant Gregory Guyton Amunga (“Amunga”) was convicted by a Michigan jury of second-degree murder and sentenced to twenty-five-to-fifty years’ imprisonment. He now appeals the district court’s denial of his petition for a writ of habeas corpus, arguing that the trial court, the prosecutor, and defense counsel made various constitutional errors. Because his claims lack merit, we AFFIRM the district court’s decision.

I

On January 23, 1990, at approximately 5:30 a.m., Amunga arrived home by taxicab after a long night of celebrating a large buy-out payment from General Motors for thirteen years of employment. Having spent his ready cash, Amunga asked the driver to wait while he got money to pay his fare. Amunga soon discovered the body of his wife Wanda Anunga (“Wanda”), who had died as a result of multiple stab wounds. Amunga ran outside and told the cab driver to call the police; he then went back inside and called several family members before calling the police himself.

Once the police secured the murder scene, Amunga was taken to Edward R. Sparrow Hospital, where he was treated for a severe cut on his right hand.1 Shortly after 8:00 a.m., Robert W. Fisher (“Fisher”), a detective with the East Lansing Police Department who was designated as the chief investigator of Wanda’s murder, met the intoxicated and upset Amunga at the hospital and advised him of his Miranda rights, which Amunga affirmatively waived. Amunga was then transported to the police station, where he was questioned and fingerprinted and his bloody clothing was seized for evidence. Fisher and Kevin Patrick Daley (“Daley”), a fellow detective with the East Lansing Police Department, then took Amunga home.

On January 31, 1990, Fisher obtained information from Anthony Lewis Malone (“Malone”), who had been with Amunga for much of the evening of Wanda’s murder, that pointed to Amunga’s involvement in the homicide.2 At approximately 11:30 [535]*535p.m., Fisher and Daley picked Amunga up for questioning. According to Fisher, Amunga had been drinking and smelled of alcohol but did not appear to be intoxicated. Fisher gave Amunga his Miranda warnings at 11:47 p.m., which Amunga acknowledged in writing. After Amunga agreed to submit to a polygraph test, Fisher drove Amunga to the Michigan State Police, where Amunga signed another waiver of his Miranda rights at 1:28 a.m.

On February 1, 1990, at approximately 2 a.m., Sergeant John Joseph Palmatier (“Palmatier”), a forensic specialist then studying for his doctorate, administered a polygraph test to Amunga, which took about forty minutes. Palmatier told Amunga that the test results pointed to him as Wanda’s murderer and examined him for the next four hours. At approximately 6:30 a.m., Fisher and Daley took over questioning; they obtained another written waiver and interviewed Amunga for another two hours. During this interrogation, Amunga stated that he and Malone had observed an individual coming out of his home in the early hours of January 23, 1990, when he went inside and argued with Wanda about getting more money. Amunga also related that after Malone left, Wanda took a knife from the kitchen and flicked it at him, but that he got the knife away. He then remembered Wanda “being on the floor kicking up at him and the knife being in his hand.” Joint Appendix (“J.A.”) at 882. However, Amunga did not state that he had stabbed Wanda. At 9:30 a.m., Amunga was placed under arrest.

Amunga was charged with first-degree murder. On October 3, 1990, Amunga filed a motion to suppress his statements to the police, which the trial court denied after holding a hearing under People v. Walker, 374 Mich. 331, 132 N.W.2d 87 (Mich.1965), on the question of voluntariness. After an eight-day jury trial, Amun-ga was convicted of second-degree murder; he was later sentenced to a prison term of twenty-five to fifty years. Amunga filed a timely appeal to the Michigan Court of Appeals, which remanded the case for an evidentiary hearing. On May 6, 1994, after holding the hearing, the trial court denied Amunga’s motion for a new trial. On August 18, 1995, the Michigan Court of Appeals affirmed the trial court’s judgment in a split decision. On March 25, 1997, the Michigan Supreme Court denied leave to appeal.

On March 19, 1998, Amunga filed, pro se, a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, raising seven grounds for relief. The matter was referred to a magistrate judge, who recommended after holding a hearing that the district court deny Amunga’s petition. On September 11, 2000, the district court adopted the magistrate judge’s report and recommendation, except for its reliance on the “reasonable jurist” standard that had been abrogated by [Terry] Williams v. Taylor, 529 U.S. 362, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000), and dismissed the case. On October 25, 2000, the district court denied Amunga’s motion for a certifi[536]*536cate of appealability (“COA”). Amunga appealed. On March 28, 2001, we granted Amunga’s motion for a COA as to these claims: “1) whether the trial court should have suppressed involuntary statements he made to the police; 2) whether the trial court improperly refused to admit into evidence the videotape of his interrogation; 3) whether the prosecutor committed misconduct by introducing negative character evidence; 4) whether the prosecutor committed misconduct by eliciting false testimony from a witness that no promises were made concerning potential charges; and 5) whether his trial counsel rendered ineffective assistance by failing to present expert testimony regarding the psychological effect of Amunga’s lengthy interrogation.”

II

In a habeas corpus proceeding, we review a district court’s legal conclusions de novo and factual findings for clear error. Ford v. Curtis, 277 F.3d 806, 808 (6th Cir.), cert, denied, 2002 WL 1224957 (Oct. 7, 2002). Because Amunga filed his habe-as petition after the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) became effective, this case is governed by AEDPA. Under those provisions, we may not grant a writ of habe-as corpus for any claim that was adjudicated on the merits in state court unless the adjudication:

(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)(l)-(2). In addition, the findings of fact made by a state court are presumed to be correct and can be contravened only if the habeas petitioner can show by clear and convincing evidence that the state court’s factual findings were erroneous. Id. § 2254(e)(1).

In Williams, the Supreme Court interpreted § 2254(d)(1) as requiring a distinction between decisions that are “contrary to” and those that are an “unreasonable application of’ clearly established Supreme Court precedent. Williams, 529 U.S. at 405.

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Bluebook (online)
51 F. App'x 532, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amunga-v-jones-ca6-2002.