Manuel Sheard v. Paul Klee

692 F. App'x 780
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 15, 2017
Docket15-1813
StatusUnpublished
Cited by3 cases

This text of 692 F. App'x 780 (Manuel Sheard v. Paul Klee) 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
Manuel Sheard v. Paul Klee, 692 F. App'x 780 (6th Cir. 2017).

Opinions

OPINION

BERNICE BOUIE DONALD, Circuit Judge.

. Petitioner Manuel Sheard appeals the district court’s dismissal of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254; For the reasons that follow, we AFFIRM the district court’s denial of habeas relief.

I.

A. Factual Background

Sheard’s conviction arose from allegations that he sexually assaulted his daughter, N.S.,1 when she was between the ages of six and nine. The Michigan Court of Appeals, on direct appeal, summarized the facts as follows:

[Sheard’s] charges arise from evidence that he sexually assaulted his daughter, who was nine at the time of his trial. She testified that the incidents began in August 2007 and continued until June 2009. She gave compelling testimony about the nature and extent of the abuse and stated that the abuse ended only after she told her aunt about it. There was also expert medical testimony that the child had injuries to her genital area including a healed scar on the perineum, which had been sutured in a previous medical visit, as well as a transection of the hymen, which had not completely healed. The physician testified that, although the transected hymen could be the result of a single penetration, it was “more of a sign of potentially repeated penetration.” This is because there was “no healing of that area. It left it in two pieces that never joined together.”
Defendant’s theory of the case was that his daughter’s physical injuries were caused by a bicycle accident and that her allegations of abuse were inconsistent and contrived.

After hearing the evidence, the jury found defendant guilty on all four counts. People v. Sheard, No. 299084, 2011 WL 4952329, at *1 (Mich. Ct. App. Oct. 18, 2011).

B. Prosecutor’s Conduct at Trial

At trial, the prosecutor repeatedly referenced Sheard’s marital infidelity. Beginning with his opening statement on the first day of trial, the prosecutor raised the issue, stating: “What you’re also going to hear is that the defendant, while married to Monique Sheard, who is the mother of [N.S.], biological mother and father, married; during the course of that marriage relationship Mr. Sheard takes up with a Sarah Hale and has a child to [sic] her.” (R. 6-7, PagelD # 220-21.) Defense counsel at this point asked to approach the bench, and after a bench conference that was not made part of the record, the prosecutor continued, reemphasizing: “And you ■will hear that Manuel Sheard, the defen[782]*782dant, took up with Sarah Hale and had a child to [sic] her.” (Id. at 221.)

The prosecutor’s references to Sheard’s extramarital affair continued throughout the witness examination portion of the trial. During his direct examination of the victim, N.S., the prosecutor asked her whether she knew Sarah Hale, who she was, and whether Sarah had a baby with N.S.’s father. Again with Torna Lozano, Sheard’s sister, the prosecutor inquired into the nature of Sheard’s relationship with Hale, asking whether Sheard was still married to N.S.’s mother, Monique Sheard, when he had a child with Sarah Hale. During his direct examination of Monique Sheard, the prosecutor again brought up Sheard’s relationship with Sarah Hale, asking questions like: “And during the time that you have been married to Manuel Sheard is that when Sarah conceived their joint child?” “So while you are married to the defendant he has a baby with Sarah?” “You feel stressed about the fact that he is seeing another lady?” (R. 6-8, PagelD # 280.)

On cross examination of Sheard, the prosecutor again drew attention to Sheard’s relationship with Hale in the following exchange:

Q: Now, when you got up here, you took an oath to tell the truth right?
A: Yes, sir.
Q: That’s like a vow?
A: Yeah.
Q: Correct?
A: Correct.
Q: And if you had ridden your daughter from behind and gone into her butt as she said, you would tell the jury that, would you?
A: Yes, I would.
Q: And if you had penetrated her repeatedly with your penis into her vagina, you would tell this jury that?
A: I would have pled guilty off the bat, sir, if that would have been the case.
Q: And if you would have put your penis in her mouth and ejaculated or put your penis in her mouth and pulled it out and ejaculated, you would tell the jury that?
A: They would have known that because I would have pled guilty.
Q: Now, you’re married to Monique?
A: Yeah.
Q: And you took an oath to her too, didn’t you?
A: Before I took the oath I started having an affair, my mistake.
Q: You took an oath to Monique as your wife?
A: Yes, I did.
Q: And while you are married to her, having taken an oath to her, you’re having an affair with Sarah?
A: Yeah, with Sarah, but not my eight year old daughter.
Q: And at some point you’ve made promises or made oaths to Sarah?
[[Image here]]
Q: All right. But you’re making promises to Sarah, she’s writing you letters saying love, your wifey, so you’ve talked to her about possibly marrying her?
[[Image here]]
Q: So the oath to Monique doesn’t mean a lot, does it?
[[Image here]]
Q: And the oath to Sarah doesn’t mean a lot either, does it?
[[Image here]]
Q: So if the oath suits you, it’s a good oath, and as soon as it doesn’t suit you, [783]*783doesn’t mean anything, doesn’t bind you?

(R. 6-9, PagelD # 349-50.)

During his closing argument, the prosecutor continued his references to Sheard’s extramarital affair, stating:

He takes an oath before he testifies. Swears to tell the truth, the whole truth and nothing but the truth. And then tells •you, why, if I had repeatedly put my penis in her mouth, members of the jury, I would tell you that. Do you believe that? Members of the jury, if I repeatedly put my penis in her vagina, I would tell you that. Do you believe that? Members of the jury, if I repeatedly rode her from the back and put my penis in her anus, I would tell you that. Do you believe that?
We know how important his oaths are. He marries Monique and takes an oath to love, honor, cherish, whatever the wedding vows were. And what does he do with his oath to Monique, the mother of his two children? Why, he picks up a girlfriend. So while Monique is out earning money to support the family, he’s home grilling, drinking, with his girlfriend Sarah on the front porch.

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Bluebook (online)
692 F. App'x 780, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manuel-sheard-v-paul-klee-ca6-2017.