Gimotty v. Elo

40 F. App'x 29
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 25, 2002
DocketNo. 99-2079
StatusPublished
Cited by9 cases

This text of 40 F. App'x 29 (Gimotty v. Elo) 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
Gimotty v. Elo, 40 F. App'x 29 (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 Donald J. Gimotty was convicted by a jury in the Circuit Court of Oakland County, Michigan on March 31, 1994, of one count of first degree felony murder, one count of fleeing a police officer resulting in serious bodily injury, one count of conspiracy to commit first-degree retail fraud, one count of first-degree retail fraud, and one count of felonious driving. Petitioner was sentenced to life imprisonment for the felony murder conviction, two to four years of imprisonment for the fleeing conviction, and one to two years of imprisonment for the conspiracy, retail fraud, and felonious driving convictions.

Petitioner pursued a direct appeal from his conviction to the Michigan Court of Appeals. In a decision rendered on April 9,1996, that court affirmed the petitioner’s convictions with the exception of the conviction and sentence for retail fraud, the underlying felony for the felony murder charge, which was vacated on double jeopardy grounds. See People v. Gimotty, 216 Mich.App. 254, 549 N.W.2d 39 (1996). The Michigan Supreme Court denied petitioner’s request for leave to appeal on March 14,1997.

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 on November 6, 1997. Petitioner claimed that the trial court denied him due process of law when it refused to charge the jury on the defense of duress. Petitioner argued that the refusal of the trial court to charge the jury on the duress defense denied him the right to present that defense and had the effect of directing a verdict on the charge of felony murder. In a report and recommendation filed on May 28, 1999, the magistrate judge recommended that the petition be denied. On August 31, 1999, the district court accepted the report and recommendation of the magistrate judge and dismissed the peti[31]*31tion. Petitioner filed a notice of appeal from this decision on September 20, 1999.

In a habeas action filed pursuant to 28 U.S.C. § 2254, 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 Antiter-rorism 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). The provisions of § 2254(d)(1) govern the review of legal error, whereas claims of factual error are subjected to the standard enunciated in § 2254(d)(2). Weaver v. Bowersox, 241 F.3d 1024, 1029 (8th Cir. 2001).

Under § 2254(d)(1), 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 did the Supreme Court 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 of the petitioner’s case. Ibid. 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. Rather, a state court’s application of federal law is unreasonable “only if reasonable jurists would find it so arbitrary, unsupported or offensive to existing precedent as to fall outside the realm of plausible credible outcomes.” Barker v. Yukins, 199 F.3d 867, 872 (6th Cir.1999).

Claims of error in making factual determinations are addressed under § 2254(d)(2). In addition, 28 U.S.C. § 2254(e)(1) provides that the findings of fact of a state court are presumed to be correct, and the petitioner bears the burden of rebutting the presumption of correctness by clear and convincing evidence.

Petitioner claims that the trial court committed error in refusing to instruct the jury on the defense of duress, and in instructing the jury that duress was not a defense to any of the charges against petitioner. Petitioner argues that he was denied due process of law because the jury was unable to consider duress as a defense. The trial court concluded that duress was not a defense in this case and instructed the jury to that effect. The Michigan appellate court concluded that duress was not a defense to the felony murder charge under Michigan law, and further held that the evidence presented at trial did not warrant an instruction on duress. Since these rulings involve questions of law, see, e.g., United States v. Jankowski, 194 F.3d 878, 882 (8th Cir.l999)(whether there is sufficient evidence to charge the jury on duress defense is a question of law); United States v. [32]*32Charmley, 764 F.2d 675, 676 (9th Cir. 1985)(same) they are properly reviewed under § 2254(d)(1).

The Due Process Clause guarantees criminal defendants the right to be afforded a meaningful opportunity to present a complete defense. California v. Trombet-ta, 467 U.S. 479, 485, 104 S.Ct. 2528, 81 L.Ed.2d 413 (1984). However, this does not mean that the states are precluded from placing reasonable limitations on this right. See, e.g., United States v. Scheffer, 523 U.S. 303, 308, 118 S.Ct.

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

Related

Thigpen 575347 v. Braman
W.D. Michigan, 2025
Walker 747025 v. King
W.D. Michigan, 2025
Baker v. Brewer
E.D. Michigan, 2021
Simon v. Brewer
E.D. Michigan, 2021
Burns 778106 v. Jackson
W.D. Michigan, 2020
Koshmider v. Lesatz
W.D. Michigan, 2019
In re Chiquita Brands Int'l, Inc.
284 F. Supp. 3d 1284 (S.D. Florida, 2018)
Martin v. Wilson
419 F. Supp. 2d 976 (N.D. Ohio, 2006)
Gimotty v. Elo, Warden
537 U.S. 894 (Supreme Court, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
40 F. App'x 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gimotty-v-elo-ca6-2002.