Davis v. Rapelje

33 F. Supp. 3d 849, 2014 WL 2999281, 2014 U.S. Dist. LEXIS 90494
CourtDistrict Court, E.D. Michigan
DecidedJuly 3, 2014
DocketCase No. 13-13610
StatusPublished
Cited by10 cases

This text of 33 F. Supp. 3d 849 (Davis v. Rapelje) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. Rapelje, 33 F. Supp. 3d 849, 2014 WL 2999281, 2014 U.S. Dist. LEXIS 90494 (E.D. Mich. 2014).

Opinion

OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS AND DENYING CERTIFICATE OF APPEALABILITY

LAURIE J. MICHELSON, District Judge.

In 2010, Petitioner Ronie Davis was charged with, among other offenses, armed robbery. On the day his trial was set to begin, he chose to plead guilty. Davis now says that he did not really choose: he either had to go to trial with a constitutionally ineffective attorney or accept a plea deal. He further claims that his trial counsel coerced him into accepting the plea. Davis maintains that the involuntary nature of his plea warrants a writ of habe-as corpus. Having reviewed Davis’s petition, Warden Lloyd Rapelje’s response, Davis’s reply, and the state-court record, the Court concludes that the state courts reasonably concluded that Davis’s trial counsel was not constitutionally ineffective. The state courts also reasonably concluded that Davis’s counsel did not coerce him into pleading" guilty. The Court will thus deny Davis’s petition.

I.

A.

On March 26, 2010, Davis and his brother, Brian Davis, encountered Kevin Kur-kowski bringing home groceries. (Dkt. 9-8, Plea Hr’g Tr. at 8.) The pair followed Kurkowski into the house. (Id.) Once there, Davis and his brother used a shotgun to intimidate Kurkowski and Kurkow-ski’s aunt, Audrey Lach, who was also in the house. (Id. at 8-9.) Davis and his [852]*852brother stole items from the home and then took the two victims to Brian’s car. (Id. at 9.) For thé next hour-and-a-half, Davis and his brother drove the victims to ATMs, forcing them to make withdrawals and give them the cash. (Id. at 10; see also Dkt. 9-2, Prelim. Exam Tr. vol. I at 13.) After leaving Kurkowski and Lach someplace in Detroit (but with money for a phone call), the brothers returned to the victims’ house and stole their car. (Plea Hr’g Tr. at 10; Prelim. Exam Tr. vol. I at 16.)

At least that was Davis’s version on September 20, 2010, the day Davis’s trial was set to begin and the day he pled guilty to armed robbery (Michigan Compiled Laws § 750.529), first-degree home invasion (§ 750.110a), carjacking (§ 750.529a), and possession of a firearm during the commission of a felony (§ 750.227b). In exchange for Davis’s admission that he committed these four offenses, the prosecutor agreed to dismiss four other charges and further agreed that Davis should be sentenced to 'concurrent 11 to 40 year terms along with a mandatory consecutive 5-year sentence for the firearm charge.

Attorney Brian Gagniuk represented Davis at the time of his plea deal. (Plea Hr’g Tr. at 1.) Gagniuk had been appointed just two weeks earlier. (See generally, Dkt. 9-7, Sept. 3, 2010 Hr’g Tr.) Prior to that, Davis had been represented by another attorney, Jon Posner. (See generally id.)

• On October 5, 2010, the state trial court sentenced Davis pursuant to the terms of the plea agreement. Davis is currently serving his sentence at Saginaw Correctional Facility in Freeland, Michigan. (See Dkt. 9, Notice of R. 5 Materials at 1.)

B.

Two years after his plea, on October 12, 2012, Davis filed a motion with the trial court to withdraw his plea on the basis of ineffective assistance of trial counsel.

On December 5, 2012, the trial court held a Ginther hearing on the motion, see People v. Ginther, 390 Mich. 436, 212 N.W.2d 922 (1973), which allowed Davis to develop the record on his ineffective-assistance-of-counsel claim. (See generally, Dkt. 9-11, Ginther Hr’g Tr.) Davis’s new attorney, Susan Walsh, provided an opening statement outlining Davis’s basis for withdrawing his plea. She explained that Davis believed he was innocent, and “from the very beginning” wanted to go to trial. (Id. at 4.) Walsh told the judge that the photo taken from the ATM machine that had been used to identify Davis was “too grainy” to make out who was pictured, and, thus, the police lacked probable cause for his arrest. (Id.) Walsh, referencing Davis’s belief that Kurkowski told police that the perpetrator (later identified as Davis) had facial hair, also explained that a mug shot, had it been obtained by Davis’s trial counsel, would have shown Davis without facial hair. (Id. at 5; Petition at 37; Prelim. Exam Tr. vol. I at 29, 35.) She recounted how Davis had not been arraigned within 72 hours, and that this delay led to a third co-defendant, Brian’s girlfriend, “com[ing] in and mak[ing] a statement.” (Id.) Davis “told all these things to his first [trial] attorney, Mr. Pos-ner, and Mr. Posner never went forward and, and collected information that [Davis had] requested.” (Id. at 6.) Walsh continued: “Then Mr. Gagniuk was finally appointed two weeks prior to the trial date. And .because of this ... Mr. Davis, just felt like, well, I’m just gonna have to try to get the best plea deal that ... I can.” (Id.)

Gagniuk then testified at the Ginther hearing. When asked whether he had noticed that a motion for illegal arrest and suppression of evidence was pending, Gag-niuk’s testimony was equivocal: “I know [853]*853that there [apparently gesturing to the motion] is at least in my file — Mr. Posner gave me all of his information and discovery, and I, I do note that there is in my file.... I honestly I cannot recall whether or not I looked through [the motion], did anything more with it. Obviously I didn’t continue to argue that.” (Id. at 9.) Gag-niuk “possibly” discussed that decision with Davis, but was not able to recall. (Id.)

As for the ATM photo, Gagniuk said that the prosecutor in Davis’s case, Scott Ehlfeldt, had shown him “color photos,” . and that while he had “black and whites” in his file folder, “I know I saw better than what I have in my photos from [the prosecutor] Mr. Ehlfeldt.” (Ginther Hr’g Tr. at 21.) Gagniuk explained, “I honestly, I, I can’t remember exactly. I, I’ve see[n] many of ’em. I try many cases. I cannot tell you exactly whether I thought they were a perfect photo, a grainy photo. I thought they were good enough for a jury to think that it very well could be Mr. Davis.” (Id.)

Gagniuk was also asked about the delay in Davis’s arraignment. Gagniuk could not recall if Davis had told him that he had not been arraigned for four days or that Brian’s girlfriend confessed prior to Davis’s arraignment. (Ginther Hr’g Tr. at 18.) Gagniuk explained,

that was one piece of ten good pieces of evidence against him. And any time I find that there’s two or three or four pieces of good evidence, sometimes I might not completely pay attention to something else. I know with or without that, whether I argued it or not, during trial I would have probably run a motion in limine at some point. But that was ... only one piece of ten good pieces evidence against him.

(Id. at 19.)

Regarding the mug shot that allegedly would have shown Davis without facial hair, Gagniuk' stated that he could not recall whether Davis told him about the photo. (Ginther Hr’g Tr. at 19.) When asked if he knew that the other perpetrator had facial hair, Gagniuk responded, “At the time I’m sure I did. Like I said[,] ... I prepped this thing completely for trial. Today I, I don’t recall.” (Id.)

Gagniuk also testified, “I also know that my file was completely prepped and ready to go”:

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

Related

Copeland v. Taskila
E.D. Michigan, 2025
Jenkins v. Skipper
E.D. Michigan, 2024
Cox v. Stephenson
E.D. Michigan, 2024
Martin v. Hunt
E.D. Michigan, 2023
Willis v. Trierweiler
E.D. Michigan, 2021
Richardson v. Stewart
E.D. Michigan, 2020
Lee v. Burgess
E.D. Michigan, 2020
McCray v. Chapman
E.D. Michigan, 2020
Pollard v. MaCauley
E.D. Michigan, 2019
Abraitis v. Horton
E.D. Michigan, 2019

Cite This Page — Counsel Stack

Bluebook (online)
33 F. Supp. 3d 849, 2014 WL 2999281, 2014 U.S. Dist. LEXIS 90494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-rapelje-mied-2014.