Jarrhod Williams v. DeWayne Burton

714 F. App'x 553
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 9, 2017
Docket16-1687
StatusUnpublished
Cited by1 cases

This text of 714 F. App'x 553 (Jarrhod Williams v. DeWayne Burton) 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
Jarrhod Williams v. DeWayne Burton, 714 F. App'x 553 (6th Cir. 2017).

Opinion

DAMON J. KEITH, Circuit Judge.

Jarrhod Williams (“Williams”)) a Michigan prisoner proceeding through counsel, appeals a district court judgment denying his petition for a writ of habeas corpus filed pursuant 28 U.S.C. § 2254. In his petition, Williams primarily raised claims of ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), and also requested an evidentiary hearing. The district court denied the petition on the merits, but granted a Certificate of Ap-pealability on the issue of whether an evi-dentiary hearing should be granted. The Certificate of Appealability was later expanded by this court to include three of petitioner’s substantive claims. Because the district court did not abuse its discretion in failing to grant an evidentiary hearing, nor otherwise err in its decision to deny Williams’ petition on the merits, we affirm.

I. BACKGROUND

A. Underlying State Court Proceedings

In 2007, D’Anglo Savage and Tommy Haney were shot to death while sitting in a parked vehicle in Detroit. People v. Williams, No. 292909, 2010 WL 4026077, at *1 (Mich. Ct. App. Oct. 14, 2010). The Detroit Police arrested Williams shortly after their deaths. Id. During questioning following his arrest, Williams confessed to shooting multiple rounds from an AK-47 assault rifle into Savage’s vehicle in order to avenge the deaths of Williams’ cousins, who were killed two days earlier. Id. On July 10, 2007, Williams was arraigned before Wayne County Circuit Court Judge David Allen on two counts of first-degree premeditated murder, and one count of possession of a firearm during the commission of a felony (“felony firearm”). Judge Allen thereafter presided over a bench trial in .the matter, which began on March 26, 2008.

During the bench trial, the prosecutor presented evidence that Williams was the only shooter (hereafter referred to as the “one-shooter theory”). This theory was based on a Detroit Police Department investigation and related forensic testing. However, experts from the Michigan State Police testified that shell casings recovered from the crime scene actually showed the presence of two guns, as opposed to one. This expert testimony raised serious questions about the accuracy of the forensic testing underlying the prosecution’s theory of the case. Judge Allen eventually declared a mistrial and subsequently recused himself. The case was then reassigned to Judge Timothy Kenny.

Before the re-trial, the prosecution offered a plea deal to drop the two first-degree murder charges if Williams pled no contest to a new charge of second-degree murder and to the felony-firearm charge. Under that agreement, Williams would be sentenced to twelve to thirty years in prison for second-degree murder, and a consecutive two-year term for felony firearm. Williams accepted the plea and sentencing was scheduled; however, prior to sentencing, Williams moved to withdraw his plea and the trial court granted his motion.

On March 5, 2009, at a hearing before the second trial was commenced, Williams’ trial counsel Marvin Barnett (“Barnett”) appeared before Judge Kenny to argue various pretrial motions. During a soliloquy, Barnett stated on the record that he never negotiates with the prosecutor’s office. Barnett further stated that the deal for his client, Williams, was inappropriate and that he was not willing to trade two deaths for ten years, noting that “[t]he bodies of these persons were worth more than 10 to 12 years and it was wrong.... I’m fighting for everybody here today and the family.”

Later in the hearing, Barnett asserted that the prosecution should not be permitted to deviate from the one-shooter theory at the second trial and should not be able to argue that Williams was guilty under the theory that he aided and abetted a second shooter. Barnett acknowledged that his argument was a “stretch,” and that he only brought it up because of something the prosecutor said “during this [h]earing.” Judge Kenny rejected this argument. After Williams’ second trial, a jury convicted him on all counts, and he was sentenced to two life terms in prison without the possibility of parole, and to a consecutive two-year term for the felony-firearm conviction.

Williams’ convictions and sentence were affirmed on appeal, and the Michigan Supreme Court denied leave to appeal. People v. Williams, 489 Mich. 861, 795 N.W.2d 24 (2011). Williams then filed a Motion for Relief from Judgment pursuant to Michigan Court Rule 6.600, which the trial court denied. The court of appeals and the Michigan Supreme Court subsequently denied leave to appeal.

B, Procedural History

On June 14, 2014, Williams filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254, raising the following claims: (1) denial of due process when the trial court, in its decision denying his Rule 6.600 motion, erroneously deemed procedurally barred his claim that trial counsel performed ineffectively by wrongly advising him about the one-shooter theory, which led to his plea withdrawal; (2) trial counsel performed ineffectively by wrongly advising him about the one-shooter theory at his second trial and because counsel also had conflicts of interest; and (3) appellate counsel performed ineffectively by failing to raise the above claims regarding his trial counsel’s performance. Williams also moved for an evidentiary hearing.

The district court denied Williams’ motion for an evidentiary hearing and denied the petition, but granted a Certificate of Appealability on the issue of whether the district court should have granted an evi-dentiary hearing. Williams filed a timely notice of appeal on May 24, 2016, and this Court subsequently expanded the Certificate of Appealability to add the following claims: (1) whether Williams was denied due process when the district court concluded that Williams’ ineffective assistance of counsel claim, related to the prosecution’s one-shooter theory, had been addressed in state court; (2) the underlying substantive claim concerning counsel’s advice on the one-shooter theory at trial, and whether such advice amounted to ineffective assistance of counsel; and, (3) Williams’ ineffective assistance of appellate counsel argument concerning trial counsel’s performance with regard to the one-shooter theory.

II. DISCUSSION

A. Standard of Review

In an appeal from a district court’s denial of a § 2254 petition, we review the district court’s legal conclusions de novo and its factual findings for clear error. Dando v. Yukins, 461 F.3d 791, 795-96 (6th Cir.

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Bluebook (online)
714 F. App'x 553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jarrhod-williams-v-dewayne-burton-ca6-2017.