Joseph Ambrose v. Raymond Booker

801 F.3d 567, 2015 FED App. 0219P, 2015 U.S. App. LEXIS 15769, 2015 WL 5167020
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 4, 2015
Docket14-1780
StatusPublished
Cited by20 cases

This text of 801 F.3d 567 (Joseph Ambrose v. Raymond Booker) 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
Joseph Ambrose v. Raymond Booker, 801 F.3d 567, 2015 FED App. 0219P, 2015 U.S. App. LEXIS 15769, 2015 WL 5167020 (6th Cir. 2015).

Opinions

OPINION

ROGERS, Circuit Judge.

This case involves Joseph Ambrose’s procedurally defaulted claim challenging the constitutionality of the jury selection computer program in Kent County, Michigan. In April 2001, a Kent County jury convicted Ambrose of armed robbery. At jury selection, Ambrose did not object to the racial composition of the jury venire. In July 2002 — after Ambrose had exhausted his direct appeal — the Grand Rapids Press published a story about a computer glitch in the Kent County software that had systematically excluded African-Americans from the jury pool from April 2001 to early 2002. In light of these revelations, Ambrose filed a motion for post-conviction relief in state court, alleging that his Sixth Amendment fair-cross-section right had been violated. However, because Ambrose failed to object to the composition of the jury venire at trial, the state courts denied relief. Ambrose then filed a 28 U.S.C. § 2254 habeas petition in federal court, which the district court conditionally granted on March 10, 2011, having found cause to excuse his procedural default and a prima facie violation of his Sixth Amendment fair-cross-section right; however, on June 28, 2012, we remanded his case for a determination of whether there was actual prejudice. Ambrose v. Booker, 684 F.3d 638, 652 (6th Cir.2012). The district court — interpreting and apply[569]*569ing the prejudice standard set forth in Ambrose, 684 F.3d at 652 — subsequently found that Ambrose had sufficiently demonstrated actual prejudice to excuse his procedural default and had established a prima facie violation of his Sixth Amendment fair-cross-section right. The respondent appeals. Because Ambrose has failed to show actual prejudice, the district court erred in excusing Ambrose’s procedural default. We therefore do not reach the merits of his Sixth Amendment claim.

On April 19, 2001, a jury of an unknown racial composition1 convicted Joseph Am-brose of two counts of armed robbery, one count of carjacking, and one count of felony-firearm possession following a trial described by the district court as follows:

Ambrose’s trial proceedings began on April 16, 2001, and lasted through April 19, 2001.... [During opening statements,] [t]he State summarized the evidence as it was presented during the preliminary hearing: Anderson and Morgan were driving around “doing a number of chores” when they came across Ambrose, who asked for a ride. Anderson and Morgan picked up Am-brose, along with his friend Rickie Hicks, and Ambrose directed Anderson to drive into an alley. According to the prosecutor, Ambrose and Hicks then robbed Anderson and Morgan at gunpoint and made off with cash, jewelry, and the 1992 Ford Taurus Anderson was driving.
Counsel for Ambrose painted a different picture. He asserted that Morgan and Anderson were “the only two individuals who were there” during the incident, but that “their story ha[d] changed” from the first time they talked to the police. Ambrose’s counsel also indicated that there were “significant discrepancies” between Anderson’s and Morgan’s accounts of the robbery.”
[...]
Anderson testified [second]. He explained that on the day of the incident, he decided to go to his “cousin Corey’s house” which was “[n]ot even a block” from where he lived with his mother. Despite the proximity of the two residences, Anderson drove a car. He had access to his own car and his mother’s 1992 Ford Taurus, but he decided to take his mother’s car instead of his own (which was available and operable), “[b]ecause — well, [his] car was in the driveway and hers was on the street. So, when [he] got up, [he] had just took her car.” Anderson testified that he drove to Corey’s house and Morgan was already there.
Anderson indicated that he and Morgan decided to go “get something to eat,” so they got in his mom’s car and drove to Food Town — only three blocks away After getting something to eat, Anderson and Morgan decided to go to Ms. Tracey’s, a party store. Anderson claimed that there was “no particular reason” for the trip.
After leaving Food Town and driving for what he estimated was “20 minutes,” Anderson claimed Ambrose ( ... who he referred to as PeeWee) “flagged” him down. Although Ambrose was with “another kid” that Anderson did not know, Anderson was not concerned. He circled the block and stopped; Ambrose asked for a ride and Anderson agreed. Anderson was under oath when he testified during the September 28, 2000 preliminary hearing. On that date, he un[570]*570equivocally indicated that he had seen Ambrose at a mutual Mend’s house on more than one occasion; in fact, he testified that that was where he originally met Ambrose: “[Ambrose] knows a friend of mine, and they used to always hang out at his house. That’s wher[e] I met him at first.” During the trial, however, Anderson indicated that he and Ambrose had no mutual friends and had never visited the same location, only that he had “seen [Ambrose] around.” Regardless of how well Anderson knew Ambrose, he invited Ambrose and the unknown man to get into the backseat of his mother’s Ford Taurus. Ambrose then directed Anderson to his intended destination — unknown to Anderson at the time — and Anderson complied. Anderson testified that after they had traveled “two blocks, maybe three,” Am-brose “was telling [him] that [Ambrose] had a gun.”2 Anderson claims that Am-brose then directed him into an alley, “pull[ed] out a gun,” and said, “Hand us everything.”
According to Anderson, he turned around and Ambrose was pointing “a machine gun” at him. Anderson claimed that the weapon was “completely out and visible[,]” that Ambrose had his “arm extended pointing [the gun] toward Anderson[,]” and that the weapon was between 12 and 14 inches long. Anderson testified that after he saw Ambrose’s gun, he looked at Morgan with a “What’s going on here?” expression and stopped the car in the middle of the alley. Ambrose asked for Anderson’s wallet, which Anderson claimed had $100 cash in it. Anderson held up his wallet, and the previously unknown man assisting Ambrose — who Anderson identified as Rickie Hicks (Hicks) — collected it while Ambrose held the machine gun.
Anderson testified that Ambrose — gun in hand — ordered him and Morgan out of the car and that they immediately complied. Notably, Anderson indicated that he “got out first” and that “once [Morgan] seen that I was exiting the car, he got out.” Hicks then got out of the backseat, grabbed two necklaces from around Anderson’s neck, and got “in the front seat in the driver’s side seat....” Of course, Anderson claimed Hicks also grabbed a gold necklace from around Morgan’s neck as Morgan was getting out of the car. Then Hicks and Ambrose made off with the loot (the cash, necklaces, and the car).
After Ambrose and Hicks drove away, Anderson and Morgan “ran to Mrs. Guy-ton’s house.” Mrs. Guyton goes to church with Anderson’s mother, and he testified that she was “a real close family friend.... ” Anderson used Mrs. Guy-ton’s phone to call the police, and then he left and went home [because “she’s elderly and [he] didn’t want her to get involved in this”].

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Cite This Page — Counsel Stack

Bluebook (online)
801 F.3d 567, 2015 FED App. 0219P, 2015 U.S. App. LEXIS 15769, 2015 WL 5167020, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joseph-ambrose-v-raymond-booker-ca6-2015.