Cunningham v. Stegall

13 F. App'x 286
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 11, 2001
DocketNo. 00-1819
StatusPublished
Cited by3 cases

This text of 13 F. App'x 286 (Cunningham v. Stegall) 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
Cunningham v. Stegall, 13 F. App'x 286 (6th Cir. 2001).

Opinion

Milford Cunningham, a pro se Michigan prisoner, appeals a district court judgment denying his petition for a writ of habeas corpus filed under 28 U.S.C. § 2254. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a).

A jury convicted Cunningham of voluntary manslaughter and possessing a firearm during the commission of a felony. He was sentenced on February 29, 1996, to 10-15 years on the manslaughter conviction and a consecutive two years for felony firearm. The Michigan Court of Appeals affirmed Cunningham’s conviction and sentence in an opinion issued on December 19, 1997, and the Michigan Supreme Court denied leave to appeal.

In his federal habeas corpus petition, Cunningham presented three grounds for relief: (1) the trial court’s intemperate conduct and interference violated his rights to due process and a fair trial; (2) the trial court’s interference with defense counsel’s cross-examination violated his rights to present a defense and to confront witnesses; and (3) the trial court improperly sentenced him by violating the principle of proportionality and by failing to articulate reasons for exceeding the Michigan sentencing guidelines.

The district court denied Cunningham’s petition in an opinion and order filed on June 23 and entered on June 26, 2000. A separate judgment was entered the same day. Cunningham’s motion to alter or amend the judgment was denied in an order entered on September 19, 2000. The district court subsequently granted Cunningham’s application for a certificate of appealability as to his issues numbered one and two. On appeal, Cunningham continues to argue the merits of those grounds for relief.

Upon review, we affirm the district court’s judgment for the reasons stated therein. This court reviews de novo a district court’s disposition of a habeas corpus petition. Doan v. Brigano, 237 F.3d 722, 729 (6th Cir.2001); Harris v. Stovall, 212 F.3d 940, 942 (6th Cir.2000), cert. denied, — U.S. -, 121 S.Ct. 1415, 149 L.Ed.2d 356, 2001 WL 285959 (U.S. Mar. 26, 2001) (No. 00-8185). Pursuant to [289]*289§ 2254, relief may not be granted with respect to any claim 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); accord Doan, 237 F.3d at 729.

Elaborating on the meaning of this statutory language, the Supreme Court held that a decision of a state court is “contrary to” clearly established federal law “if the state court arrives at a conclusion opposite to that reached by this Court on a question of law or if the state court decides a case differently than this Court has on a set of materially indistinguishable facts.” Williams v. Taylor, 529 U.S. 362, 412-13, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000). The Court continued that an “unreasonable application” occurs when “the state court identifies the correct governing legal principle from this Court’s decisions but unreasonably applies that principle to the facts of the prisoner’s case.” Id. at 413, 120 S.Ct. 1495. However, a federal court, on habeas review, may not find a state decision to be “unreasonable” “simply because that 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.

Cunningham first argues that the trial judge’s interference and bias denied him his right to due process and a fundamentally fair trial. He claims that the judge improperly interrupted defense counsel’s opening statement and cross-examination, made incorrect rulings, and made over 60 negative comments directed at his counsel during the trial, 45 of them in front of the jury. The Michigan Court of Appeals found that, while some of the judge’s comments were improper, they did not, as a whole, deprive Cunningham of a fair trial.

This court recently considered an allegation of judicial bias in a § 2254 case. “Because judicial bias infects the entire trial process it is not subject to harmless error review.” Maurino v. Johnson, 210 F.3d 638, 645 (6th Cir.), cert. denied, 531 U.S. 979, 121 S.Ct. 427, 148 L.Ed.2d 435 (2000); see also Chapman v. California, 386 U.S. 18, 23, 87 S.Ct. 824, 17 L.Ed.2d 705 & n .8 (1967). “Instead, the court is required to assess whether the actions of the judge rose to the level of judicial bias. If the court determines that the actions resulted in a constitutional violation, then the court is required to overturn the state court decision. In reviewing claims of judicial bias, this court is guided by the decision in Liteky v. United States, 510 U.S. 540, 114 S.Ct. 1147, 127 L.Ed.2d 474 (1994).” Maurino, 210 F.3d at 645. Liteky, in turn, holds:

First, judicial rulings alone almost never constitute a valid basis for a bias or partiality motion.... Second, opinions formed by the judge on the basis of facts introduced or events occurring in the course of the current proceedings, or of prior proceedings, do not constitute a basis for a bias or partiality motion unless they display a deep-seated favoritism or antagonism that would make fair judgment impossible. Thus, judicial remarks during the course of a trial that are critical or disapproving of, or even hostile to, counsel, the parties, or their cases, ordinarily do not support a bias or partiality challenge. They may do so if they reveal an opinion that derives from [290]*290an extrajudicial source; and they will do so if they reveal such a high degree of favoritism or antagonism as to make fair judgment impossible.... Not establishing bias or partiality, however, are expressions of impatience, dissatisfaction, annoyance, and even anger, that are within the bounds of what imperfect men and women, even after having been confirmed as ... judges, sometimes display. A judge’s ordinary efforts at courtroom administration — even a stern and short-tempered judge’s ordinary efforts at courtroom administration — remain immune.

Liteky, 510 U.S. at 555-56, 114 S.Ct. 1147 (emphases in original).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Alonzo v. Morrison
E.D. Michigan, 2025
Harris v. MaCauley
E.D. Michigan, 2023
United States v. Barry-Scott
251 F. App'x 983 (Sixth Circuit, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
13 F. App'x 286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cunningham-v-stegall-ca6-2001.