Holder v. Palmer

588 F.3d 328, 2009 U.S. App. LEXIS 26764, 2009 WL 4639654
Court of Appeals for the Sixth Circuit·Decided December 9, 2009·No. 07-1440·Published·Cited by 46 cases

Opinions

OPINION

THOMAS W, PHILLIPS, District Judge.

Petitioner was convicted in a jury trial of sexual penetration with an uninformed partner by a person infected with acquired immunodeficiency syndrome (AIDS), in violation of Mich. Comp. Laws § 333.5210, and sentenced to 120-180 months imprisonment. Petitioner appeals the district court’s judgment denying his petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner contends that he received ineffective assistance of counsel [332] when his counsel failed to challenge the seating of jurors whose voir dire responses showed them to be racially biased.

We conclude the district court correctly found that the state courts’ decisions reasonably comport with clearly established federal law. For the following reasons, we AFFIRM the decision of the district court and DENY the Writ.

I.

Holder was charged by the State of Michigan with sexual penetration without informing his partner that he had the Human Immunodeficiency Virus (HIV), and brought to trial in Bay County Circuit Court. Holder is African-American. His partner, Monica Kosecki, is white.

Holder’s counsel prepared a questionnaire that the trial court agreed to administer to prospective jurors, to determine whether they might harbor prejudices that would disqualify them from a trial in which an African-American man was accused of a sexual crime against a white woman. Five of the jurors revealed possible biases against African-Americans or against Holder in their responses during voir dire. Relevant portions of the voir dire, including the efforts the court and Holder’s counsel made to rehabilitate these jurors, follow:

A. Examination of Juror Flynn

THE COURT: Questions were asked [in the jury questionnaire] whether or not any — either you or a member of your family was a victim of a crime and, if so, whether or not the other person was of a different race. And you said — answered “yes,” and that sometimes you view other races as — as below your standards because of the acts (sic) taken place.

When the trial court questioned Juror Flynn further about the crime, she stated that a Hispanic man had stolen something from her father.

THE COURT: Okay. And you made the comment that you think — black men deal with hate or revenge with violence more so than other races. The fact that Mr. Holder, the defendant who’s on trial, is black, is that going to have any effect on how you would judge this case and how you — you would decide on a verdict?
JUROR FLYNN: No, I don’t believe so at all.
THE COURT: Okay. Can you see if I read these, why it might appear that you might be prejudiced against a Hispanic or a black person?
JUROR FLYNN: Ya, I can — I can see that, yes.
THE COURT: Okay. But you don’t feel that you are?
JUROR FLYNN: No, not at all.
THE COURT: Would it be safe to kind of say that you kind of view it as a fact that maybe more crimes are committed by a non-Caucasian than Caucasian, do you — is that the way you feel?
JUROR FLYNN: I believe so, yes.

The court then asked whether “that fact alone” was “gonna make [her] decide the case on [her] feelings instead of the evidence that would come in front of [her].” Juror Flynn replied that it would not, and also said that race would not affect her verdict.

Holder’s counsel later examined Juror Flynn about her answers to other questions, and the examination included the following exchange:

COUNSEL: I just want to, in my own mind, clarify an answer that you have written in your questionnaire. And this is a — a question that I think Judge Bielawski talked to you about in — in great detail. But I want to get a little bit more [333] information from you about your particular answer. And that’s the question dealing with the fact that — and I’ll just read it so that there’s no — there’s nothing that — that I don’t say exactly like the questionnaire did:
The defendant in this case is a black man who is accused of having sex with a white woman without telling her that he had the HIV virus. Based upon this information, have your already formed an opinion about him and, if so, what is your opinion?
And your answer was: ‘Tes. This is a deadly disease. He took her life into his hands by putting her at risk. He’s a horny coward.”
Now, Judge Bielawski talked to you about the presumption of innocence and — and if you had to make a decision right now based upon what you know, what your — what the verdict would have to be, or what your decision would have to be.
Were you — did the word “accused,” was that the word that did it for you as far as your answer?
JUROR FLYNN: Yes,—
COUNSEL: Okay.
JUROR FLYNN: — definitely.
COUNSEL: So, based upon what he’s gone over previously regarding that, would you — would your answer be any different now than what you wrote?
JUROR FLYNN: Yes, definitely ... I believe that, yes, everyone is innocent until proven guilty.

B. Examination of Juror Coppinger

THE COURT: Miss Coppinger, you answered — or—the questionnaire stated that you thought that a person should stay within their own race and it saves a lot of heartache; that you don’t care for basically interracial relationships. Do you think the fact that there we — this case does involve interracial relationships, that that’s going to affect how your decide the case or influence you on your verdict?
JUROR COPPINGER: No, I don’t think it would influence. I’m more or less saying what my standard is for myself and — I have two girls — for my girls.

The court then asked the Juror Coppinger to consider what her views would be if one of her daughters began dating a black man who was “head of the business department at the college ... a very nice person, never been married, very polite, makes a nice income, and thinks the world of your daughter,” while the other daughter was dating a white man with “long, greasy hair, earrings in his nose and his tongue and his ears, and tattoos all over his body,” who, when asked what he did said “Well, Man, I’m just takin’ it cool and doin’ whatever.” The court then asked:

THE COURT: And you look at the two guys and what do you think? I — if you had to choose—
Would — sometimes, Miss Coppinger, would you agree that your values and your choices in life change with the circumstances?
JUROR COPPINGER: Yes. That wouldn’t be easy!
THE COURT: Pardon? Can you—
JUROR COPPINGER: That wouldn’t be easy!
THE COURT: — can you talk into the microphone?

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Holder v. Palmer, 588 F.3d 328, 2009 U.S. App. LEXIS 26764, 2009 WL 4639654 (6th Cir. 2009).

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