Key v. Rapelje

634 F. App'x 141
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 9, 2015
DocketNo. 14-2257
StatusPublished
Cited by23 cases

This text of 634 F. App'x 141 (Key v. Rapelje) 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
Key v. Rapelje, 634 F. App'x 141 (6th Cir. 2015).

Opinion

ALICE M. BATCHELDER, Circuit Judge.

In 2006, after a sixteen-day trial, a jury found Alvin Lester Key guilty of two counts of first-degree criminal sexual conduct involving his young daughter. In this federal habeas corpus case, Key appeals the district court’s denial of the writ, claiming that his conviction was premised on prosecutorial misconduct. Finding that the decision of the Michigan Court of Appeals was not contrary to nor did it unreasonably apply clearly established Supreme Court precedent in adjudicating Key’s prosecutorial-misconduct claim, we affirm.

I.

An information filed against Alvin Lester Key charged him with inserting his penis and finger into the complainant’s vagina when she was twelve to fifteen years old. The complainant was Key’s child with a woman named Cheniqua Pin-der. At trial, the complainant testified that she lived with Key for most of her life. [143]*143One night while the complainant was in the seventh or eighth grade, Key came into her bedroom, got into her bed, and put his penis in her vagina. Although that was the only time Key penetrated her with his penis, he on other occasions touched her breasts and buttocks and inserted his finger into her vagina. At the time, the complainant never told anyone of the abuse because there was a rule in the house that “what goes on in the house stays in the house.” In June 2005, however, she finally reported the abuse to the police, with the help of Pinder.

The complainant’s testimony was corroborated by a few witnesses. First, JaMi-chael Key, the complainant’s biological brother, testified that when JaMichael was younger, Key would sometimes tell him and his brother to go outside while Key and the complainant stayed inside the house. JaMichael claimed that, although he did not actually observe Key sexually abuse anyone, he did observe Key enter his sister’s bedroom, and, in the district court’s words, “he knew what was going on in the household.” Second, the parents of Key’s wife at the time of trial, Lisa Key, claimed that the complainant and JaMicha-el had told them that Key was molesting the complainant. Third, a gynecologist testified that she examined the complainant in August 2005, at which time the complainant revealed that she had recently informed her mother that she had been a victim of sexual abuse. The gynecological examination returned normal results, but the gynecologist testified that these results were not inconsistent with the complainant’s allegations. Finally, a police officer testified that the complainant reported to him that Key had sexually assaulted her about thirty times over a three-year period.

Although the charges related solely to Key’s alleged conduct with the complainant, much of the trial focused on Key’s relationship with two other young women. The prosecution sought to introduce evidence of uncharged sexual offenses against A.K. (Key’s daughter with a woman named Gloria Kidd) and Y.K. (Kidd’s daughter by another man). Although the trial court initially granted the prosecution’s request with respect to A.K. but denied the request with respect to Y.K., it later “ruled that any evidence relating to the victim’s delay in reporting was admissible, which allowed the prosecutor to introduce evidence regarding [Key’s] conduct with both [Y.K. and A.K.] for that purpose.” People v. Key, No, 277762, 2008 WL 3009937, at *1 (Mich.Ct.App. Aug. 5, 2008). As a result of that ruling, the prosecutor elicited evidence about both A.K. and Y.K.

Concerning A.K., Pinder testified that one day she returned home to the apartment she shared with Key to find Key and A.K. in her bedroom. She noticed that the bed sheets had wet stains on them, and that the room smelled like sex. She reported the incident to police and brought the sheet and a towel to the police station. A DNA analyst testified at trial that DNA on the bed sheet taken from Pinder’s apartment matched A.K.’s DNA and that DNA on the towel matched both A.K. and Key. The bed sheet did not show any traces of semen. A.K. herself, however, testified that Key never abused her. She did not deny Pinder’s finding her in the bedroom, but testified that the DNA on the bed sheet was due to the fact that she was suffering from a vaginal problem and had sat on the bed to examine herself while Key was in the bathroom. When Key exited the bathroom, she went into the bathroom to clean herself up. Although she had formerly asserted that Key had abused her, she testified that she had fabricated the story because a relative had told her that she could leave foster care [144]*144sooner if she told someone she had been sexually abused.

Concerning Y.K, a doctor testified that Y.K told him that Key had sexually abused her for a number of years and impregnated her two times. ■ Y.K. herself testified, however, that although she had previously told police that Key had molested her, she had fabricated the story. Two other witnesses noted that Y.K’s story changed on multiple occasions, including some recantations and reassertions.

A few witnesses testified on Key’s behalf. His wife at the time of trial testified that she had never witnessed Key physically abuse any children, and that the complainant had never informed her of any abuse. Two Children’s Protective Services employees testified that when they were sent to investigate allegations against Key of physical abuse, no family member had reported any sexual abuse. Finally, a friend of Key and his wife testified that she saw the complainant in the Key household during the relevant period, and that the complainant seemed normal and happy with both her parents.

On October 27, 2006, a Michigan state jury found Key guilty as charged of two counts of criminal sexual conduct in the first degree. On January 11, 2007, the trial court sentenced Key as a habitual offender to two concurrent terms of fifteen to forty years in prison. Key filed a motion for a new trial on the grounds that the jury’s verdict was against the weight of the evidence. The trial court denied Key’s motion.

On direct appeal, Key argued, inter alia, that the trial court erred in admitting evidence of his purported sexual abuse of other children and that the prosecutor committed misconduct by making inappropriate comments in closing arguments and by introducing inflammatory evidence. The Michigan Court of Appeals affirmed his conviction, holding that the “other acts” evidence was properly admitted and that no prosecutorial misconduct had occurred. Key, 2008 WL 3009937. Key raised the same claims in an application for leave to appeal to the Michigan Supreme Court, which that court denied. People v. Key, 483 Mich. 1031, 765 N.W.2d 618 (2009).

In 2010, Key filed in the trial court a motion for relief from judgment, raising claims about the bad-acts evidence, prose-cutorial misconduct, ineffective assistance of appellate counsel, and the failure to draw an impartial jury from a fair cross-section of the community. The trial court denied the motion. Both the Michigan Court of Appeals and the Michigan Supreme Court denied leave to appeal the trial court’s decision. People v. Key, 490 Mich. 872, 803 N.W.2d 322 (2011).

In 2011, Key filed a federal petition for habeas corpus, raising the same claims he had presented to the state courts. The district court denied the writ on all grounds. The court did, however, grant a certificate of appealability solely on Key’s prosecutorial-misconduct claim. That claim is before us on Key’s timely appeal.

II.

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Bluebook (online)
634 F. App'x 141, Counsel Stack Legal Research, https://law.counselstack.com/opinion/key-v-rapelje-ca6-2015.