McCullough v. Stegall

17 F. App'x 292
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 16, 2001
DocketNo. 00-1060
StatusPublished
Cited by3 cases

This text of 17 F. App'x 292 (McCullough v. Stegall) 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
McCullough v. Stegall, 17 F. App'x 292 (6th Cir. 2001).

Opinion

SILER, Circuit Judge.

Petitioner Gerald S. McCullough was convicted in Michigan state court of first degree murder in violation of Mich. Comp. Laws § 750.316 and felony-firearm possession in violation of Mich. Comp. Laws § 750.227A. He is currently serving a life sentence. He was eventually denied relief under 28 U.S.C. § 2254(d). He raises several issues, including denial of the presentation of self-defense evidence, sufficiency of the evidence, ineffective assistance of counsel, and right of confrontation. We affirm.

BACKGROUND

On the day of the murder McCullough was working on his car. With him were [295]*295Carolyn Ross and Darlene Lynn. When Ronald Haggen drove past them in a car, Lynn heard McCullough remark that he “was tired of him [Haggen] riding up and down the street.” McCullough then flagged Haggen to the curb. After a brief conversation McCullough pulled a pistol from his pants and shot Haggen six times, fatally wounding him. Ross, Lynn, and a neighbor, Jerry Moon, witnessed the murder. These witnesses testified that there was no yelling or screaming during the conversation between McCullough and Haggen, and that Haggen’s hands never left the steering wheel. Immediately af-terwards, McCullough disappeared for two months before he was apprehended. At trial, he claimed self-defense and defense of his family.

STANDARD OF REVIEW

Since habeas petitions are mixed questions of law and fact, this court reviews de novo the district court’s legal conclusions, but reviews the findings of fact for clear error. See Combs v. Coyle, 205 F.3d 269, 277 (6th Cir.2000). However, a petitioner convicted in state court is entitled to federal habeas relief only if the state court conviction resulted from a decision which was “contrary to ... clearly established Federal law, as determined by the Supreme Court of the United States,” or the conviction involved “an unreasonable application ... of clearly established Federal law, as determined by the Supreme Court of the United States.” Williams v. Taylor, 529 U.S. 362, 404-05, 120 S.Ct. 1495,146 L.Ed.2d 389 (2000)(em-phasis and quotations omitted).

DISCUSSION

A. Presentation of a defense

McCullough claims that the district court’s exclusion as hearsay the testimony regarding threats Haggen may have made to McCullough’s family deprived him of his right to present a defense under the Sixth and Fourteenth Amendments. See Chambers v. Mississippi, 410 U.S. 284, 302, 93 S.Ct. 1038, 35 L.Ed.2d 297 (1973)(holding that right to present defense witnesses is fundamental). He argues that defense of others is a valid defense in Michigan. See People v. Wright, 25 Mich.App. 499, 181 N.W.2d 649, 651 (Mich.Ct.App.1970). If a defendant “honestly and reasonably believes that his life is in imminent danger or that there is a threat of serious bodily harm,” self-defense is justifiable. People v. Heflin, 434 Mich. 482, 456 N.W.2d 10, 18 (Mich.1990). Furthermore, Michigan law permits a defendant claiming self-defense to testify as to threats made by the victim. See People v. Cameron, 52 MichApp. 463, 217 N.W.2d 401, 403 (Mich.Ct.App.1974).

Although McCullough has a fundamental right to present a defense, this right is not absolute. See Montana v. Egelhoff, 518 U.S. 37, 42, 116 S.Ct. 2013, 135 L.Ed.2d 361 (1996). Evidence that is “deemed insufficiently unreliable,” such as hearsay evidence, is excludable even if it may be relevant to the defense. Id. Under Egelhoff, the Sixth Amendment only forbids the operation of a state evidentiary rule preventing a criminal defendant from admitting evidence relevant to his defense when the failure to admit the evidence “offends some principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental.” Id. at 43 (quoting Patterson v. New York, 432 U.S. 197, 202, 97 S.Ct. 2319, 53 L.Ed.2d 281 (1977)). McCullough was allowed to testify as to whether he had been personally threatened or whether he had other personal knowledge of threats. Testimony beyond his personal knowledge would violate Mich. R. Evid. 602. See [296]*296People v. Allen, 429 Mich. 558, 420 N.W.2d 499, 504 (Mich.1988).

B. Sufficiency of the evidence

A first degree murder conviction in Michigan requires a finding beyond a reasonable doubt that the defendant acted deliberately and with premeditation. See Mich. Comp. Laws § 750.316(l)(a). The evidence is viewed in the light most favorable to the prosecution to determine if the jury could find beyond a reasonable doubt that the killing was deliberate and premeditated. See Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

Premeditation is an action requiring thought beforehand. See People v. Morrin, 31 Mich.App. 301, 187 N.W.2d 434, 449 (Mich.Ct.App.1971). Deliberation requires one “to measure and evaluate the major facets of a choice or a problem.” Id. Thus, the actions undertaken must be characterized by “a thought process undisturbed by hot blood[,]” with enough time to afford a reasonable man a “second look” at “the nature of his response.” Id. (internal quotations omitted).

McCullough argues that the facts in this case do not support reflective deliberation and instead show a confrontation which escalated out of control. He believes the charge of first degree murder should be reduced to either second degree murder or voluntary manslaughter in light of People v. Morris, 202 Mich.App. 620, 509 N.W.2d 865 (Mich.Ct.App.l993)(mcaied, 445 Mich. 860, 514 N.W.2d 167 (Mich.1994)). The Michigan Court of Appeals reversed Morris’s first degree murder conviction based on the lack of evidence to support premeditation and deliberation as there was a “mutual intent to engage in combat that escalated out of control, and [the] killing [was] characterized by a thought process clearly affected by hot blood.” Id. at 867.

McCullough’s reliance on Morris is misplaced. The Michigan Supreme Court reinstated Morris’s conviction after finding that the question was properly presented to the jury as to whether Morris acted with premeditation and deliberation. See Morris, 514 N.W.2d at 167. In the case sub judice, there is ample circumstantial evidence that McCullough acted with premeditation.

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