Bagnick v. Michigan Department of Corrections

37 F. App'x 125
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 24, 2002
DocketNo. 00-1297
StatusPublished
Cited by1 cases

This text of 37 F. App'x 125 (Bagnick v. Michigan Department of Corrections) 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
Bagnick v. Michigan Department of Corrections, 37 F. App'x 125 (6th Cir. 2002).

Opinion

GRAHAM, District Judge.

This is an appeal from the denial of a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Petitioner-Appellant Walter Bagnick was convicted by a jury in the Recorder’s Court for the City of Detroit, Michigan on one count of burning real property, in violation of Mich. Comp. Laws § 750.73, and one count of burning insured property, in violation of Mich. Comp. Laws § 750.75. On April 7, 1995, petitioner was sentenced to a term of probation. Since both counts concerned a single fire which occurred at Frankie’s Place, a tavern owned by petitioner which was located in Ecorse, Michigan, on Easter Sunday, April 11, 1993, petitioner was sentenced solely on the charge of burning insured property.

Petitioner pursued a direct appeal from his conviction to the Michigan Court of Appeals, challenging the sufficiency of the evidence to support his conviction. The state appeals court affirmed petitioner’s conviction in an unpublished opinion issued on October 4, 1996. The Michigan Supreme Court denied petitioner’s application for leave to appeal on June 30, 1997.

On November 25, 1997, petitioner filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 in the United States District Court for the Eastern District of Michigan. The sole claim in the petition concerned the sufficiency of the evidence to support petitioner’s conviction. On February 4, 2000, the magistrate judge assigned to the case submitted a report recommending that the writ be denied. Petitioner filed objections to the report and recommendation on February 9, 2000. The district court accepted the report and recommendation by order entered on February 29, 2000 and entered a judgment denying the petition and dismissing the case. Petitioner filed a notice of appeal to this court on March 13, 2000.

This court reviews de novo the legal conclusions involved in the district court’s decision to deny the writ, and reviews for clear error its findings of fact. See Lucas v. O’Dea, 179 F.3d 412, 416 (6th Cir.1999). The provisions of the Antiterrorism and Effective Death Penalty Act (“AEDPA”), which became effective prior to the filing of the instant petition, apply to this case. See Lindh v. Murphy, 521 U.S. 320, 336, 117 S.Ct. 2059, 138 L.Ed.2d 481 (1997). Under the AEDPA, a writ of habeas corpus shall not issue unless the state court adjudication “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,” 28 U.S.C. § 2254(d)(1), or 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)(2).

A state court decision is “contrary to” Supreme Court precedent if the state court arrived at a conclusion opposite to that reached by the Supreme Court on a question of law or if the state court decided a case differently than the Supreme Court did on a set of materially indistinguishable facts. Williams v. Taylor, 529 U.S. 362, 413, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000). A state court decision involves an unreasonable application of Supreme Court precedent if the state court identifies the correct legal principle from the decisions of the Supreme Court but unreasonably applies that principle to the facts [128]*128of the petitioner’s case. Id. A federal habeas court may not find a state adjudication to be “unreasonable” simply because the court concludes in its independent judgment that the relevant state court decision applied clearly established federal law erroneously or incorrectly. Id. at 411, 120 S.Ct. 1495.

The standard in a habeas case for determining the sufficiency of the evidence to support a conviction is found in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). Under Jackson, federal habeas corpus relief can be granted “if it is found that upon the record evidence adduced at the trial no rational trier of fact could have found proof of guilt beyond a reasonable doubt.” Id. at 324, 99 S.Ct. 2781. In analyzing the sufficiency of the evidence, “the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Id. at 319, 99 S.Ct. 2781. The Jackson rule applies regardless of whether the evidence is direct or circumstantial, see Spalla v. Foltz, 788 F.2d 400, 402 (6th Cir.1986), and it is not necessary for the evidence to exclude every reasonable hypothesis except that of guilt. Holland v. United States, 348 U.S. 121, 140, 75 S.Ct. 127, 99 L.Ed. 150 (1954); United States v. Beddow, 957 F.2d 1330, 1334 (6th Cir.1992).

Although the Michigan Court of Appeals did not specifically cite to Jackson, that court applied the Jackson standard in considering the sufficiency of the evidence to support petitioner’s conviction. The question presented by this appeal is whether the state court decision involved an unreasonable application of the Jackson standard.

Petitioner was sentenced for the offense of burning insured property under Mich. Comp. Laws § 750.75, which provides:

Any person who shall wilfully burn any building or personal property which shall be at the time insured against loss or damage by fire with intent to injure and defraud the insurer, whether such person be the owner of the property or not, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years.

This offense requires proof of: (1) the burning; (2) of real or personal property; (3) which is insured at the time against loss or damage caused by fire; and (4) that the perpetrator acted with an intent to defraud the insurer. Petitioner does not contest that there was a fire at Frankie’s Place or that the fire was deliberately set as opposed to being accidental. Rather, petitioner argues that the evidence was insufficient to identify him as the perpetrator of the offense or to establish that he started the fire to defraud the insurer.

Under Michigan law, circumstantial evidence, including evidence of motive and opportunity, may be considered in an arson case. In People v. Horowitz, 37 Mich.App. 151, 154, 194 N.W.2d 375

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Bluebook (online)
37 F. App'x 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bagnick-v-michigan-department-of-corrections-ca6-2002.