Harris v. Booker

251 F. App'x 319
Court of Appeals for the Sixth Circuit·Decided October 11, 2007·No. 06-1321·Unpublished·Cited by 28 cases

Opinions

COOK, Circuit Judge.

Following a bench trial, Milton Harris was convicted of second-degree homicide for killing Sammy Wright. On appeal from the denial of his petition for habeas corpus, he claims that insufficient evidence supports his conviction. We affirm.

I. Facts and Procedural History

When Milton Harris walked by Sammy Wright’s house one night in 1999, Wright made threatening or harassing statements to Harris while allegedly brandishing a gun. Harris went to his own house, and, some time later, returned to Wright’s house with a shotgun. Wright was still on his porch and continued to threaten or harass Harris, and eventually Harris shot and killed Wright.

Michigan tried Harris for the shooting, and, after a bench trial, the state court found Harris guilty of second-degree murder (though the prosecution had pressed the first-degree offense). The court began [321] its discussion of Harris's mental state by noting, “The only issue really is that of intent because for first-degree murder ... the defendant must have actually intended to kill the victim.” In concluding that Hands lacked the intent necessary for first-degree murder, the court repeatedly referred to Harris’s “anger,” and concluded that he lacked “actual intent ... to kill,” but still concluded that he “knowingly created a very high risk of death or great bodily harm knowing that death could result from his actions.” The court further concluded that Harris’s actions “were not justified.” Toward the end of its discussion, the court explained that “one of the words we used to hear is hot blood and I think this was a shooting which came from hot blood.” The court, however, had previously stated,

Now, in this case there was time [between Wright accosting Harris and Harris returning to shoot Wright.] The defendant was home, he was in a position of safety, he could have stayed there. If he felt he had been treated badly or dissed, in today’s language, he could have chosen to ignore it. If he felt he had been threatened, he could have called the police.... ”

Ultimately, the court rejected the first-degree offense and instead found Harris guilty of second-degree murder.

Harris appealed, claiming that the trial court’s inconsistent findings on his intent failed to support the second-degree offense; that is, because the trial court mentioned “hot blood,” it should have convicted him of voluntary manslaughter.1 The Michigan Court of Appeals affirmed, People v. Harris, No. 231398, 2002 WL 1424839 (Mich.Ct.App. June 28, 2002), but the Michigan Supreme Court vacated and remanded “for further findings of fact regarding the defendant’s intent,” People v. Harris, 468 Mich. 879, 659 N.W.2d 240 (Mich.2003) (table). On remand, the state trial court provided detailed findings of fact. The court explained that its “erroneous and unfortunate use of the phrase ‘that this was [a] shooting which came from hot blood[,]’ was in no way intended to mean that it meets the test for voluntary manslaughter.” It went on to explain at length why the record did not support a voluntary manslaughter conviction: in short, a reasonable person would not have been acting out of irresistible passion given the amount of time Harris had to “cool off” following Wright’s harassment. It then reiterated its finding that Harris “knowingly created a very high risk of death or great bodily harm, knowing that death or harm would be the likely result of his actions.” The trial court again found Hands guilty of second-degree murder. The Michigan Court of Appeals affirmed, People v. Harris, No. 231398, 2003 WL 21771746 (Mich. Ct.App. July 31, 2003) (mem.), and the Michigan Supreme Court denied leave to appeal, People v. Harris, 469 Mich. 989, 674 N.W.2d 155 (Mich.2003) (table).

Harris filed a habeas petition — rather than independently brief his claim, he attached a copy of the briefs he had previously presented to the state courts. A magistrate judge recommended denying the petition, and the district court adopted the magistrate’s report and denied the petition. Harris moved for a Certificate of Appealability, which the district court denied. On appeal this court granted a Certificate of Appealability but only as to Har[322] ris’s claim that “the evidence presented before the trial court regarding [his] intent required the reduction of his conviction from second-degree murder to voluntary manslaughter.”

II. Sufficiency of the Evidence as to Harris’s Intent

Harris claims that the state trial court erred by convicting him of second-degree murder when, according to Harris, the facts adduced at trial support only voluntary manslaughter.

The first question is whether Harris exhausted this claim in state court. We determine he did not. To satisfy the exhaustion requirement, a state prisoner must present his claim to the state courts, and he must present it as the denial of some federal constitutional right. Duncan v. Henry, 513 U.S. 364, 365-66, 115 S.Ct. 887, 130 L.Ed.2d 865 (1995) (“If state courts are to be given the opportunity to correct alleged violations of prisoners’ federal rights, they must surely be alerted to the fact that the prisoners are asserting claims under the United States Constitution.”). The prisoner need not “cite book and verse on the federal constitution,” id. at 365, 115 S.Ct. 887; he need only “fairly present” his claim to the state court, see Picard v. Connor, 404 U.S. 270, 275, 92 S.Ct. 509, 30 L.Ed.2d 438 (1971); Newton v. Million, 349 F.3d 873, 877 (6th Cir.2003). In this circuit, fair presentation generally depends on whether the prisoner has “(1) reli[ed] upon federal cases employing constitutional analysis; (2) reli[ed] upon state cases employing federal constitutional analysis; (3) phras[ed] the claim in terms of constitutional law or in terms sufficiently particular to allege a denial of a specific constitutional right; or (4) alleged] facts well within the mainstream of constitutional law.” Newton, 349 F.3d at 877 (quoting McMeans v. Brigano, 228 F.3d 674, 681 (6th Cir.2000)); see also Blackmon v. Booker, 394 F.3d 399, 400 (6th Cir.2004). “General allegations of the denial of rights to a ‘fair trial’ and ‘due process’ do not ‘fairly present claims’ that specific constitutional rights were violated.” McMeans, 228 F.3d at 681.

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Harris v. Booker, 251 F. App'x 319 (6th Cir. 2007).

251 F. App'x 319 (Harris v. Booker) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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