Michael E. Wolfe v. Anthony J. Brigano, Warden

232 F.3d 499, 2000 U.S. App. LEXIS 29337, 2000 WL 1715198
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 17, 2000
Docket99-3596
StatusPublished
Cited by133 cases

This text of 232 F.3d 499 (Michael E. Wolfe v. Anthony J. Brigano, Warden) 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
Michael E. Wolfe v. Anthony J. Brigano, Warden, 232 F.3d 499, 2000 U.S. App. LEXIS 29337, 2000 WL 1715198 (6th Cir. 2000).

Opinions

BOYCE F. MARTIN, Jr., C.J., delivered the opinion of the court. WELLFORD (pp. 503-04), and BATCHELDER (pp. 504-05), JJ., delivered separate concurring opinions.

OPINION

BOYCE F. MARTIN, Jr., Chief Judge.

Michael E. Wolfe is currently serving a life sentence for murder. Wolfe filed a federal habeas petition pursuant to 28 U.S.C. § 2254 arguing, in part, that his Sixth Amendment right to a trial by an impartial jury was violated by the presence of four biased and partial jurors. The district court granted Wolfe’s petition. Respondent appeals. For the reasons stated below, we AFFIRM.

I.

Wolfe was tried in Gallia County, a rural county in Southern Ohio, before a jury of twelve persons. Under Ohio law, a defendant in a non-capital felony trial is entitled to four peremptory challenges, as well as an unlimited number of for-cause challenges. See Ohio R.Crim. P. 24. During voir dire, Wolfe challenged six potential jurors for cause. The district court excused one and overruled the rest of Wolfe’s for-cause challenges. Wolfe removed one of the other five challenged potential jurors with a peremptory challenge and exhausted his remaining per-emptories on three potential jurors whom neither side had challenged. Wolfe alleges that his Sixth Amendment right to an impartial trial was violated when the trial court forced him to try his case before a jury containing four biased jurors whom the court erroneously refused to remove for cause.

[501]*501These four jurors all expressed doubts as to whether they could be fair and impartial. Two noted close and longstanding relationships with the victim’s parents. The trial judge overruled Wolfe’s for-cause challenges to these jurors without providing any supporting reason. A third juror admitted listening to and reading news accounts of the case and doubted her ability to put aside such reports and decide the case solely on the evidence presented at trial. In denying Wolfe’s challenge, the trial court found only that the juror indicated that she could make a fair and impartial decision. The fourth juror doubted whether he would require the prosecution to prove its case beyond a reasonable doubt. The trial court denied Wolfe’s challenge to this juror, finding that the juror had said only that a decision to acquit would be difficult, not impossible.

II.

We review a district court’s grant of a writ of habeas corpus de novo. See Harpster v. Ohio, 128 F.3d 322, 326 (6th Cir.1997). Any findings of fact made by the district court are normally reviewed only for clear error, see Greene v. Brigano, 123 F.3d 917, 920 (6th Cir.1997), but when the district court’s decision in a habeas case is based on a transcript from the petitioner’s state court trial, and the district court thus makes “no credibility determination or other apparent finding of fact,” the district court’s factual findings are reviewed de novo. Moore v. Carlton, 74 F.3d 689, 691 (6th Cir.1996).

The United States Supreme Court’s recent decision in Williams v. Taylor, 529 U.S. 362, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000), clarified the requirements for a federal court to grant a state prisoner’s petition for a writ of habeas corpus under 28 U.S.C. § 2254(d)(1). Under § 2254(d)(1), the writ may issue if the state court’s decision “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” The “contrary to” provision allows a federal habeas court to grant the writ if the state court arrived at a conclusion “opposite to that reached by [the Supreme] Court on a question of law or if the state court decides a case differently than [the Supreme] Court has on a set of materially indistinguishable facts.” Williams, 529 U.S. at-, 120 S.Ct. at 1523. Under the “unreasonable applications” clause, a federal habeas court may issue the writ “if the state court identifies the correct governing legal principle from [the Supreme] Court’s decisions but unreasonably applies that principle to the facts of the prisoner’s case.” Id. Under § 2254(e)(1), the state court’s factual determinations are entitled to a presumption of correctness, rebuttable by clear and convincing evidence. Even under this deferential standard of review, however, we are compelled to find that the state court’s decision was contrary to clearly established constitutional law and its determination of the absence of juror bias was clearly erroneous.

III.

The Sixth and Fourteenth Amendments to the Constitution guarantee a criminal defendant the right to an impartial jury. See Morgan v. Illinois, 504 U.S. 719, 112 S.Ct. 2222, 119 L.Ed.2d 492 (1992). Any allegations of bias in the jury, however, must be preserved at trial, or they will be lost. See Ross v. Oklahoma, 487 U.S. 81, 85, 108 S.Ct. 2273, 101 L.Ed.2d 80 (1988) (conditioning a defendant’s right to challenge the failure to remove a juror for cause on whether the juror actually sat on the jury, and whether petitioner properly preserved his claim). The Ohio Court of Appeals concluded that Wolfe did not properly preserve his right to challenge the presence of four biased jurors on his jury because he failed to remove the jurors with his peremptory challenges. That court, however, did not have the guidance of U.S. v. Martinez-Salazar, 528 U.S. 304, 120 S.Ct. 774, 145 L.Ed.2d 792 (2000), where the Supreme [502]*502Court rejected the argument that federal law requires a defendant to use a peremptory challenge to cure a judge’s erroneous refusal to dismiss a juror for cause. In Martinez-Salazar, the Supreme Court stated that when a defendant objects to a trial court’s denial of his for-cause challenge, the defendant may choose to either remove the challenged juror peremptorily and forgo a later Sixth Amendment challenge, or allow the juror to sit, preserving the Sixth Amendment claim for appeal. See id. at-, 120 S.Ct. at 781.

Wolfe challenged six jurors for cause. The trial court granted one of his challenges. He removed a second juror with a peremptory challenge. The other four challenged jurors sat on his jury. After the jury was empaneled, he filed a motion to dismiss on the ground that the jury was biased, a motion he renewed at the conclusion of the trial. We are convinced that Wolfe properly preserved his Sixth Amendment claim, and we now address the merits of his argument that the four challenged jurors were biased and improperly allowed to sit on his jury.

IV.

The Ohio Court of Appeals concluded that the trial judge did not abuse his discretion in refusing to excuse the four jurors Wolfe challenged for cause.

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Bluebook (online)
232 F.3d 499, 2000 U.S. App. LEXIS 29337, 2000 WL 1715198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-e-wolfe-v-anthony-j-brigano-warden-ca6-2000.