Lesneskie v. Burgess

CourtDistrict Court, E.D. Michigan
DecidedFebruary 8, 2022
Docket4:21-cv-11283
StatusUnknown

This text of Lesneskie v. Burgess (Lesneskie v. Burgess) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lesneskie v. Burgess, (E.D. Mich. 2022).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

JOSEPH LESNESKIE,

Petitioner, Case No. 21-cv-11283 Hon. Matthew F. Leitman v.

MICHAEL BURGESS,

Respondent. __________________________________________________________________/

ORDER DENYING PETITIONER’S “MOTION-PETITIONS” (ECF Nos. 26, 27, 28, 29, 30, 32, 33, 34, 35, and 36)

Petitioner Joseph Lesneskie is a state prisoner in the custody of the Michigan Department of Corrections. In 2017, a jury in the Oakland County Circuit Court convicted Lesneskie of first-degree murder and possession of a firearm while committing a felony. The state trial court then sentenced Lesneskie to a sentence of life without parole. On May 21, 2021, Lesneskie filed a pro se petition for a writ of habeas corpus in this Court pursuant to 28 U.S.C. § 2254. (See Pet., ECF No. 1.) Respondent filed a response in opposition to the petition on December 16, 2021. (See Resp., ECF No. 24.) On December 8, 2021, this Court entered an order denying twelve “Motion- Petitions” that Lesneskie had filed (the “December 8 Order”). (See December 8 Order, ECF No. 23.) Now before the Court are eight more such “Motion-Petitions,” several of which duplicate the motions denied in the December 8 Order. In these

motions, filed on December 7, 2021, Lesneskie seeks an evidentiary hearing and discovery (ECF No. 26); reinstatement of his parental rights (ECF No. 27); witness protection for himself and his children (ECF No. 28); full reversal of his charges and

exoneration (ECF No. 29); full criminal investigations of and criminal charges against the Waterford Police Department, the Oakland County Prosecutor, and the Oakland County medical examiner (ECF Nos. 30, 32); and the issuance of subpoenas and additional discovery. (ECF Nos. 35, 36.) Also on December 7, Lesneskie filed

an amended habeas petition and affidavit in support of his amended petition. (See ECF Nos. 33, 34.) The Court construes the amended petition as a motion to amend Lesneskie’s initial petition. Finally, Lesneskie has filed an affidavit in support of

his claim that he was wrongfully convicted. (See Aff., ECF No. 31.) The Court has carefully reviewed all of Lesneskie’s motions and related filings. For the reasons stated below, the motions are all DENIED. I

In 2017, a jury in the Oakland County Circuit Court convicted Lesneskie of first-degree murder in violation of Mich. Comp. Laws § 750.316(1)(a) and possession of a firearm while committing a felony (“felony-firearm”) in violation of

Mich. Comp. Laws § 750.227b. The state trial court then sentenced Lesneskie as a second habitual offender under Mich. Comp. Laws § 769.10 to a term of life imprisonment without parole, and to a determinate two-year term for the felony-

firearm conviction. See People v. Lesneskie, 2018 WL 4603849, at *1 (Mich. Ct. App. Sept. 25, 2018) (describing sentence). Lesneskie appealed his convictions, and the Michigan Court of Appeals affirmed. See id. The Michigan Supreme Court

denied leave to appeal that decision. See People v. Lesneskie, 923 N.W.2d 245 (Mich. 2019). Lesneskie then filed a motion for relief from judgment in the state trial court. That court denied relief. Both the Michigan Court of Appeals and the Michigan

Supreme Court denied leave to appeal that decision. See People v. Lesneskie, No. 354383 (Mich. Ct. App. Nov. 3, 2020), lv. den., 957 N.W.2d 798 (Mich. 2021). On May 21, 2021, Lesneskie filed a petition for a writ of habeas corpus in this

Court. (See Pet., ECF No. 1.) In the petition, Lesneskie raises the following six claims: I. PETITIONER CONTENDS THAT HE IS ENTITLED TO A NEW TRIAL BECAUSE OVERLY GROTESQUE PICTURES TAKEN OF THE VICTIM DURING HER AUTOPSY WERE ADMITTED AT TRIAL, AND THE PICTURES INFLAMED THE JURY AGAINST PETITIONER. PETITIONER CONTENDS THAT THE PROBATIVE VALUE OF THE THREE PHOTOGRAPHS AT ISSUE WAS SUBSTANTIALLY OUTWEIGHED BY THE DANGER OF UNFAIR PREJUDICE, AND SPECIFICALLY, THAT THE PHOTOGRAPHS HAD LITTLE PROBATIVE VALUE BECAUSE THE RELEVANT INFORMATION CONTAINED IN THEM WAS PRESENTED THROUGH THE TESTIMONY OF THE MEDICAL EXAMINER.

II. PETITIONER NEXT CONTENDS THAT A STATEMENT OF THE VICTIM WAS ERRONEOUSLY ADMITTED AT TRIAL BECAUSE IT WAS HEARSAY AND THAT THE STATEMENT PREJUDICED PETITIONER.

III. THE PROSECUTOR VIOLATED APPELLANT’S DUE PROCESS RIGHTS BY ARGUING FACTS NOT IN EVIDENCE CONCERNING THE DISPOSITION OF THE WHITE BAG THAT APPELLANT ALLEGEDLY USED IN THE MURDER; ALTERNATIVELY, DEFENSE TRIAL COUNSEL WAS CONSTITUTIONALLY INEFFECTIVE IN FAILING TO OBJECT TO THE PROSECUTOR’S ARGUMENT.

IV. PETITIONER WAS DENIED THE EFFECTIVE ASSISTANCE OF COUNSEL GUARANTEED BY THE FEDERAL CONSTITUTION WHERE HIS APPELLATE COUNSEL NEGLECTED STRONG AND CRITICAL ISSUES WHICH MUST BE SEEN AS SIGNIFICANT AND OBVIOUS

V. PETITIONER WAS DENIED A FAIR TRIAL AND HIS CONSTITUTIONAL RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL BY HIS ATTORNEY’S A) FAILURE TO REQUEST A FIREARMS EXPERT, B) FAILURE TO INVESTIGATE AN ALTERNATIVE CAUSE OF DEATH

VI. DEFENSE TRIAL COUNSEL WAS CONSTITUTIONALLY INEFFECTIVE IN FAILING TO MOVE TO CHANGE VENUE, WHERE EXTENSIVE, HIGHLY INFLAMMATORY PRE-TRIAL PUBLICITY SATURATED THE COMMUNITY AND TAINTED THE JURY POOL; AND WHERE THIRTY- SIX PERCENT OF THE PROSPECTIVE JURORS ADMITTED TO A DISCUSSION.

On December 16, 2021, Respondent filed a response in opposition to the Petition. (See Resp., ECF No. 24.) Lesneskie filed his most recent motions and related pleadings, described above, on December 7, 2021. (See ECF Nos. 26-36.) They were docketed with the Court on December 28, 2021. The Court will address

the “Motion-Petitions” and his amended petition separately below. II A

The Court begins with Lesneskie’s motions for an evidentiary hearing, discovery, and subpoenas. (See Motions, ECF Nos. 26, 35, 36.) Lesneskie first requests an “evidentiary hearing for discovery and to extend the court[’]s records . . . [and] for full disclosure of all court documents and complete

court case files and transcripts and photos . . .” (Mot., ECF No. 26, PageID.1749.) He also requests that the Court issue subpoenas duces tecum related to those records, and he further seeks the production of police investigation reports, photographs,

sketches, forensic analysis, and hand-written notes. (See Mot., ECF No. 35, PageID.1782.) Finally, Lesneskie asks for “gold stamped subpoenas,” so that he can obtain complete court files, transcripts, documents, and photos and so that he can subpoena certain witnesses on his behalf. (Mot., ECF No. 36, PageID.1785.)

The Court denied similar requests in the December 8 Order as premature. (See December 8 Order, ECF No. 23, PageID.264-266.) As the Court previously explained to Lesneskie, a grant of discovery in a habeas action requires “a fact

specific showing of good cause” by the petitioner. Stanford v. Parker, 266 F.3d 442, 460 (6th Cir. 2001) (citations omitted). Indeed, “a court must provide discovery in a habeas proceeding only ‘where specific allegations before the court show reason

to believe that the petitioner may, if the facts are fully developed, be able to demonstrate that he is . . . entitled to relief.’” Williams v. Bagley, 380 F.3d 932, 974 (6th Cir. 2004) (quoting Bracy v. Gramley, 520 U.S. 899, 908-09 (1997)). And

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