George L. Martin v. Phil Parker

11 F.3d 613
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 16, 1994
Docket92-4137
StatusPublished
Cited by36 cases

This text of 11 F.3d 613 (George L. Martin v. Phil Parker) 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
George L. Martin v. Phil Parker, 11 F.3d 613 (6th Cir. 1994).

Opinions

PER CURIAM.

Petitioner George L. Martin, a pro se Ohio prisoner, appeals from the district court’s denial of his petition for a writ of habeas corpus. Martin contends that prosecutorial misconduct denied him a fair, trial in an Ohio county court. For the following reasons, we reverse the district court’s holding and grant the habeas corpus petition.

In January 1989, a Cuyahoga County, Ohio grand jury returned a three-count indictment against Martin, charging him with rape, endangering children, and sexual battery. Alleging that Martin sexually abused an adopted son of Korean descent, the indictment resulted from the son’s report of abuse to hospital personnel after the son’s attempted suicide. At the time of the alleged incidents, the boy was between thirteen and fifteen years of age.

Following a three-day trial, a jury convicted Martin of all charges. On September 15, the trial court sentenced Martin to a term of ten to twenty-five years imprisonment on the rape count, which was merged with the endangerment count, and a consecutive two-year term of imprisonment on the sexual battery count. Subsequently, the Ohio Court of Appeals affirmed the trial court’s judgment, and the Ohio Supreme Court overruled Martin’s application for leave to appeal.

On February 18, 1992, Martin filed a petition for a writ of habeas corpus that raised eight points of error: (1) prosecutorial misconduct; (2) erroneous admission of an unqualified expert opinion; (3) elicitation of inadmissible hearsay to rebut a charge of recent fabrication; (4) insufficient evidence; (5) ineffective assistance of counsel; (6) improper jury instruction on the element of force in the rape charge; (7) improper review by the state appellate court; and (8) deprivation of due process due to the cumulative effect of the errors. The district court referred the case to a magistrate judge who recommended dismissal of the writ because the majority of the alleged errors were not, in fact, errors, and any errors committed did not deprive Martin of a fair, trial. Martin filed timely objections to the Report and Recommendation, and the district court conducted a de novo review of his petition. On September 29, the district court adopted the magistrate’s recommendation and dismissed Martin’s petition for a writ of habeas corpus. This timely appeal followed.

Before reaching the merits of Martin’s appeal, this Court- must first consider whether Martin has exhausted his available state remedies. Under 28 U.S.C. § 2254(b), exhaus[615]*615tion of “the remedies available in the courts of the State” is required before a federal court can grant an application for the writ of habeas corpus. Because the state here did not contest exhaustion and because Martin did exhaust his state remedies concerning the substantial issues, we conclude that “the interests of comity and federalism will be better served by addressing the merits forthwith.” Cobb v. Perini, 832 F.2d 342, 344-45 (6th Cir.1987) (quoting Granberry v. Greer, 481 U.S. 129, 134, 107 S.Ct. 1671, 1675, 95 L.Ed.2d 119 (1987)), cert. denied, 486 U.S. 1024, 108 S.Ct. 1998, 100 L.Ed.2d 230 (1988).

Our review of Martin’s petition for a writ of habeas corpus petition is necessarily restricted. This Court gives complete deference to state court findings that are supported by the evidence. Lundy v. Campbell, 888 F.2d 467, 469-70 (6th Cir.1989), cert. denied, 495 U.S. 950, 110 S.Ct. 2212, 109 L.Ed.2d 538 (1990). Moreover, while we review de novo the district court’s refusal to grant a habeas petition, we review the district court’s factual findings only for clear error. McCall v. Dutton, 863 F.2d 454, 459 (6th Cir.1988), cert. denied, 490 U.S. 1020, 109 S.Ct. 1744, 104 L.Ed.2d 181 (1989).

Martin initially alleges on appeal that prosecutorial misconduct denied him a fair trial. Specifically, Martin claims that the prosecutor’s opening and closing arguments and cross-examination were prejudicial and that the prosecutor wrongly introduced evidence of uncharged acts and of his character. After considering the cumulative effect of these errors, we agree that due process was not satisfied in this case. In the aggregate, the effect of these errors “was so prejudicial as to strike at the fundamental fairness of the trial.” United States v. Parker, 997 F.2d 219, 222 (6th Cir.1993).

Prior to trial, defense counsel filed a motion in limine to determine the admissibility of other acts testimony. In granting the motion, the court ordered the prosecutor not to introduce such evidence until he secured the trial court’s approval. Despite the court’s order, the prosecutor’s opening argument alluded to the possibility that Martin had abused other children in the household by claiming that his son had attempted suicide “to protect the family” and to do “what the mother wouldn’t do, to protect the kids.” The prosecutor furthered this innuendo during his opening statement by claiming that Martin’s adopted daughter, Cathy Garcia, was the victim of “a series of unusual physical punishments.” Over Martin’s objection, the prosecutor also elicited testimony on direct examination from Garcia that on one occasion Martin had “punched” her in the face and knocked her to the floor, in the mistaken belief that she had done something wrong. Through his comments and questions, the prosecutor attempted, in direct contravention of the trial court’s order, to show that Martin acted in conformity with his character as a parent who physically, verbally and sexually abused his children.

In addition, the prosecutor exhibited a propensity for highly prejudicial comments throughout the trial. During cross-examination, the prosecutor asked Martin whether he had abused his adopted daughter and whether Martin had a different standard of treatment for his adopted children than for his natural children. He also asked Martin whether he had used certain racial epithets in reference to each of his adopted children. The prosecutor further inquired into the genetics involved in raising Martin’s pure-bred German Shepherds, suggesting that Martin applied the same genetic and purity standards to his own mixed-race family.

During his closing statement, the prosecutor called Martin a “dictator” and stated that Martin was the “most incredible witness you’ll ever hear, one of the most obnoxious witnesses you’ll ever hear.” The prosecutor also characterized Martin as a “disturbed individual” with “some real problems.” Finally, drawing connections between the case at trial and Jesse Owens’ gold-metal-winning performance in front of Adolf Hitler, the prosecutor directly compared Martin to Hitler:

And in the middle of the park [across the street from the courthouse is] ... a statue of a Clevelander, Jesse Owens, who, there's some point to be made, siniflarities in this case. Fifty-three years ago at this time of year-it was in the summer time- [616]*616he was in Berlin....

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11 F.3d 613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/george-l-martin-v-phil-parker-ca6-1994.