David Tucker v. John Prelesnik

181 F.3d 747, 1999 U.S. App. LEXIS 11925, 1999 WL 374105
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 10, 1999
Docket98-1343
StatusPublished
Cited by36 cases

This text of 181 F.3d 747 (David Tucker v. John Prelesnik) 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
David Tucker v. John Prelesnik, 181 F.3d 747, 1999 U.S. App. LEXIS 11925, 1999 WL 374105 (6th Cir. 1999).

Opinions

BECKWITH, D. J., delivered the opinion of the court, in which GILMAN, J., joined. SILER, J. (pp. 757-58), delivered a separate dissenting opinion.

OPINION

SANDRA S. BECKWITH, District Judge.

In 1992, Petitioner-Appellee David Tucker was convicted of assault with intent to do great bodily harm after a state court bench trial lasting less than one hour. The trial judge sentenced him outside the zero to 24-month range prescribed by the applicable sentencing guidelines, to a term of six to ten years of imprisonment. Petitioner-Appellee Tucker has now served his sentence and is on parole.

Mr. Tucker appealed his conviction and sentence as of right and argued that he had received ineffective assistance of counsel. The state appellate court remanded the case to the trial judge for a hearing, known as a Ginther hearing in Michigan, on Mr. Tucker’s claim of ineffective assistance. The trial judge denied Mr. Tucker’s claim. The Michigan Court of Appeals affirmed Mr. Tucker’s conviction and sentence in a brief unpublished opinion, and the Supreme Court of Michigan, by an evenly divided vote, denied Mr. Tucker’s application for leave to appeal. See People v. Tucker, 450 Mich. 889 (1996).

On July 8, 1996, Mr. Tucker filed a petition for writ of habeas corpus in the district court. On August 29, 1997, that court issued the writ. The district court held that Mr. Tucker had been deprived of the effective assistance of counsel at trial by virtue of his trial counsel’s failure to obtain the medical records of the complainant, who was the only witness at trial. The district court concluded that Mr. Tucker was prejudiced by his trial counsel’s failure in that regard, inasmuch as the complainant’s medical records cast serious doubts upon his trial testimony and the quality of his memory. The district court finally concluded that the state courts had unreasonably applied the Supreme Court’s standard for relief under the Sixth Amendment based upon the ineffective assistance of counsel. The district court denied Respondenb-Appellant’s motion for reconsideration on February 6, 1998, and this appeal followed.

I. BACKGROUND

In June 1990, both Petitioner-Appellee Tucker and Anthony Henderson were em[750]*750ployees of a McDonald’s restaurant in Detroit, Michigan. On June 30, Mr. Henderson was attacked and severely beaten in or near the men’s restroom of the restaurant. Mr. Henderson suffered a closed-head injury and was rendered unconscious. Petitioner-Appellee Tucker reported Mr. Henderson’s injury to the restaurant manager on duty, who instructed Mr. Tucker to call 911.

The victim of the assault, Anthony Henderson, remained comatose in a Detroit hospital for an extended period of time after the assault. The medical records of his hospitalization indicate that he was comatose for a period of one month, that he was speaking coherently two to four months after the assault, and that he did not have any broken ribs.

The Detroit Police initially brought charges against two individuals other than Petitioner-Appellee for the assault on Anthony Henderson. Not until April 1991, ten months after the assault, did Anthony Henderson indicate to the Detroit Police that he believed that Mr. Tucker was involved in the assault. For reasons that are not entirely clear from the record, the prosecutor eventually decided to pursue charges against Petitioner-Appellee Tucker only.

A few weeks prior to trial, Mr. Tucker’s trial counsel received a letter from Anthony Henderson’s workmen’s compensation attorney. The attorney stated that Mr. Henderson was. “unable to testify with specificity as to the identity of the individuals who assaulted and severely beat him.” Appendix, p. 65. The attorney further “advised that Mr. Henderson is not in any way agreeing not to testify against David Tucker.” Id. Mr. Tucker’s attorney nevertheless took the letter as indicating that Anthony Henderson would not testify at Mr. Tucker’s trial. He did nothing to prepare for the trial.

When the trial began, and Mr. Tucker’s counsel learned that Anthony Henderson would testify, counsel did not request a continuance. Anthony Henderson was, in fact, the prosecution’s only witness. He testified that Mr. Tucker pushed him into the restroom where Robert Wiley and an unknown man assaulted him. Mr. Henderson also testified that he had been comatose for a period of six months after the assault, that he had been unable to speak to the police for a period of nine months, and that all of his ribs had been broken in the attack.

Mr. Tucker also testified. He denied any involvement in the assault on Anthony Henderson. His counsel represented to the trial judge that Mr. Henderson’s medical records would show that he had no memory of the assault. Counsel did not have the records, however, and could not introduce them. The trial judge convicted Petitioner-Appellee Tucker of assault with intent to do great bodily injury.

At the sentencing hearing, Anthony Henderson made a victim impact statement in which he stated that he had been comatose for a six-month period after the assault and that he had been unable to speak for an additional three-month period. He stated that his assailants had broken all of his ribs. The trial judge deviated from the applicable sentencing guideline and imposed a term of six to ten years of imprisonment.

On remand from the Michigan Court of Appeals for consideration of Mr. Tucker’s claim of ineffective assistance of counsel, the trial court heard testimony from the investigating police officer that Anthony Henderson had initially identified Robert Wiley as the man who pushed him into the restroom. The trial judge stated that evidence of Mr. Henderson’s initial statements was not relevant.

Mr. Tucker also presented the testimony of his trial counsel, Robert Nelson, concerning the letter he received from Mr. Henderson’s workmen’s compensation attorney shortly before trial. The trial judge indicated that he believed that the contents of the letter regarding Mr. Henderson’s state of mind were hearsay [751]*751and of no evidentiary value. Mr. Nelson testified thát he had not been aware that Mr. Henderson had initially identified Robert Wiley, rather than Mr. Tucker, because he had trusted the prosecution to provide him with relevant documents and he had not requested police investigation reports. After Mr. Nelson testified that he did not attempt to impeach Mr. Henderson with his statement to his workmen’s compensation attorney because he believed the statement to be hearsay, the trial judge terminated the Ginther hearing. The judge denied Petitioner-Appel-lee Tucker’s motion for a new trial and stated that the Ginther hearing had been an “academic irrelevancy.”- -

Several weeks after the Ginther hearing, Mr. Tucker’s appellate counsel received Mr. Henderson’s medical records. Counsel moved to reopen the Ginther hearing on the ground that the medical records demonstrated that Mr. Henderson had testified falsely at Mr. Tucker’s trial.

At a January 8, 1993 hearing, appellate counsel made an offer of proof of the medical records. The trial court permitted counsel to read portions of the records into the record and to argue concerning their import. The trial judge then engaged in the following dialog with appellate counsel:

THE COURT: I saw the trial. I heard the witnesses. I believed the complainant. Those, records that you brought in here today prove absolutely nothing at all.

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

Related

Jells v. Mitchell
Sixth Circuit, 2008
In Re Terry
279 B.R. 240 (W.D. Arkansas, 2002)
Willie Brumley v. Curtis Wingard
269 F.3d 629 (Sixth Circuit, 2001)
Onifer v. Tysziewicz
11 F. App'x 479 (Sixth Circuit, 2001)
Benjamin White v. Fred McAninch
235 F.3d 988 (Sixth Circuit, 2000)
Rufus Washington v. Gerald Hofbauer
228 F.3d 689 (Sixth Circuit, 2000)
Davis v. Mitchell
110 F. Supp. 2d 607 (N.D. Ohio, 2000)
Morales v. Coyle
98 F. Supp. 2d 849 (N.D. Ohio, 2000)
Jamison v. Collins
100 F. Supp. 2d 647 (S.D. Ohio, 2000)
Michael Maurino v. Richard Johnson, Warden
210 F.3d 638 (Sixth Circuit, 2000)
Maurino v. Johnson
Sixth Circuit, 2000
Matthews v. Abramajtys
92 F. Supp. 2d 615 (E.D. Michigan, 2000)
John W. Byrd, Jr. v. Terry L. Collins, Warden
209 F.3d 486 (Sixth Circuit, 2000)
Ronald Dean Combs v. Ralph Coyle
205 F.3d 269 (Sixth Circuit, 2000)
Combs v. Coyle
Sixth Circuit, 2000
Smith v. Anderson
104 F. Supp. 2d 773 (S.D. Ohio, 2000)
Bulls v. Jones
86 F. Supp. 2d 746 (E.D. Michigan, 2000)
Peerenboom v. Yukins
75 F. Supp. 2d 691 (E.D. Michigan, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
181 F.3d 747, 1999 U.S. App. LEXIS 11925, 1999 WL 374105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/david-tucker-v-john-prelesnik-ca6-1999.