Michael Horton v. Warden, Trumbull Correctional

498 F. App'x 515
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 4, 2012
Docket11-3191
StatusUnpublished
Cited by2 cases

This text of 498 F. App'x 515 (Michael Horton v. Warden, Trumbull Correctional) 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 Horton v. Warden, Trumbull Correctional, 498 F. App'x 515 (6th Cir. 2012).

Opinion

HELENE N. WHITE, Circuit Judge.

Respondent-Appellant Warden of the Trumbull Correctional Institution appeals the district court’s order conditionally granting Petitioner-Appellee Michael Horton’s petition for a writ of habeas corpus based on the Ohio state trial court’s refusal to issue a self-defense instruction in Horton’s 2007 trial for murder, in violation of Ohio Rev.Code § 2903.02(A), and for discharging a firearm while in a motor vehicle, in violation of Ohio Rev.Code § 2923.16(A). Because we conclude that the state court adjudication of Horton’s due process claim did not involve an unreasonable application of clearly established federal law, we REVERSE.

I.

The Ohio Court of Appeals summarized the facts of the case as follows:

¶2 On August 11, 2006, 18-year-old April Kienzle was celebrating her birthday. A party for Kienzle and her friend, Amanda, was planned at a house on 15th Street in the City of Canton occupied by Amanda’s brother. Kienzle arrived at the party about 2:30 p.m. to help set up. There was a mix of people at the party — “older folk, younger folks, middle-age folks.” Among the partygoers were the Delgado brothers, James and Jesse, Perry Carlisle, Coty Cricks and Ricky Joiner.
¶ 3 Later that day, [Horton] called Kien-zle on her cell phone and asked her to come meet him. Kienzle dated [Horton] for about a year before the party. Kien-zle told [Horton] she could not meet him because she was at the party drinking beer and doing shots. [Horton] then told Kienzle he wanted to see her. Kienzle checked with Amanda, Joiner, the Delgado Brothers and others, asking them if they had a “problem if Mike came over?” Kienzle then told [Horton] *517 he could come over, that “nothing was going to happen” and gave him directions to the party.
¶4 [Horton] asked his friend, Mario Carbenia, if he would drive him to the party offering him $10.00 for gas. Carbenia had use of his cousin’s green Ford Explorer that day and agreed to take [Horton] to the party. [Horton] took a .40 caliber semiautomatic handgun with him to the party, tucked in his pants at the belt line. On the way over to the party, Carbenia and [Horton] were lost and called Kienzle for additional directions. By the time the pair arrived at the party it was dark. Carbe-nia pulled the Explorer over to the south side of the road across from the party house. Carbenia left the Explorer’s motor running. There were 10 to 14 people on the porch. [Horton] called Kien-zle on his cell phone and told her he was outside. Kienzle came out of the house with two other girls and went to the passenger side of the Explorer next to the curb to talk to [Horton]. [Horton] remained in the car and the couple exchanged greetings. Kienzle saw the handgun tucked in [Horton’s] pants and told him “if he was going to start anything, he could go ahead and leave because we weren’t having that.” One of the girls standing by the Explorer with Kienzle left and went back into the home.
¶ 5 While Kienzle and [Horton] were talking, Coty Cricks came up to the driver’s side window, looked in and walked over to Kienzle, saying “[I]s this who I’m supposed to be holding Ricky back from?” Hearing this, Carbenia tapped [Horton] on the chest saying, “something’s wrong, let’s go.” [Horton] and Carbenia did not leave.
¶ 6 Joiner, Jesse Delgado and Perry Carlisle went out to the Explorer. Joiner ran up to the passenger side window and reached inside the vehicle. Kienzle heard some yelling and then a gunshot. Joiner fell to the ground and the Explorer pulled off.
¶ 7 After the shooting, there was a lot of screaming and panic — “millions of people running around and screaming. Kienzle and her girlfriend left in a car and went to the home of Carol Kemp. They were hysterical, screaming and saying, “we just saw somebody get shot in the head.” Kemp called 911. A detective called her back and asked her to send the girls down to the police station to make a statement. Kemp overheard Kienzle talking on her cell phone saying, “It was my fault because I got him there.”
¶ 8 The Delgado brothers, Cricks and Carlisle went to the aid of Joiner. They were holding Joiner who had been shot in the left cheek. Cody Cricks put a shirt over Joiner’s face and put pressure on the gunshot wound. The paramedics were dispatched at 11:32 pm. They found Joiner lying on the ground with a gunshot would [sic] to his head under his left eye. About 15 minutes later, they arrived at Aultman Hospital. Joiner was pronounced dead of a gunshot wound in the emergency room of the hospital.
¶ 9 After [Horton] shot Joiner, Carbenia “took off’ in the Explorer. When they got down the street, Carbenia testified that there was a clear beer bottle on [Horton’s] lap. [Horton] threw the bottle out the window. Carbenia asked [Horton] what happened to the expelled bullet jacket and [Horton] told him it was still in the gun. [Horton] took off his shirt and directed Carbenia to the home of his girlfriend in East Canton, Anna Rukavina. [Horton] and Carbenia arrived around midnight. [Horton] took Rukavina in the bedroom and told her *518 that he thought he killed someone. [Horton] told her that the truck he was riding in was surrounded by fifteen people and that he shot out the window to back everyone away from the truck. He was wearing a grill on his front teeth and complained that it felt different. [Horton] told Rukavina that he had been hit in the mouth with a beer bottle.
¶ 10 [Horton] stayed the night with Ru-kavina. The next morning about 5:30 a.m., Rukavina received a call from Joiner’s cousin who told her that [Horton] had killed Joiner. Rukavina later received calls that there were people out looking for [Horton], Rukavina told [Horton] about the telephone calls.
¶ 11 A day after the shooting, [Horton], accompanied by his mother, turned himself in to authorities at the Stark County Sheriffs Department.
¶ 12 Detective Vic George of the Canton Police Department was assigned to investigate the shooting of Joiner. George interviewed witnesses and learned the name of a suspect, Michael Horton, Jr. Detective George learned that [Horton] had turned himself in and went out to the Stark County Jail to interview him. Detective George observed no injuries on [Horton] and [Horton] complained of none. [Horton] told Detective George it [the shooting] wasn’t his fault — that it was an accident. [Horton] further told Detective George that Joiner struck him in the face with a clear colored beer bottle. When that happened, he pulled a gun out of the waistband of his pants with his left hand and drew his arms across his chest to fire it out the window to scare off the person. Detective George asked [Horton] about the gun. [Horton] responded that it was in a safe place. ¶ 13 Detective George was unable to locate the beer bottle where [Horton] said he threw it. The gun was not found. ¶ 14 The Chief Deputy Coroner, P.S. Murthy, performed an autopsy on Joiner’s body.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
498 F. App'x 515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michael-horton-v-warden-trumbull-correctional-ca6-2012.