Nigel Wright v. S. Burt

665 F. App'x 403
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 29, 2016
Docket15-1725
StatusUnpublished
Cited by18 cases

This text of 665 F. App'x 403 (Nigel Wright v. S. Burt) 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
Nigel Wright v. S. Burt, 665 F. App'x 403 (6th Cir. 2016).

Opinions

MARTHA CRAIG DAUGHTREY, Circuit Judge.

Petitioner Nigel Wright was tried and convicted of aiding and abetting in the murder of Travis Goodwin and sentenced to life imprisonment. The evidence against Wright included the identification testimony of eyewitness Dawayne Currie and the testimony of Officer Thomas about statements Goodwin made before his death, indicating his fear of Wright. In his petition for a writ of habeas corpus, Wright claimed that the admission of Goodwin’s statements violated his Sixth Amendment right to confrontation and that his trial counsel was ineffective for failing to object on this basis. The key issue in assessing the merits of both claims is whether admission of Goodwin’s statements affected the outcome of the trial by bolstering Cur-rie’s credibility. The state appellate court said no, but the district court said yes. The respondent appeals the district court’s grant of the writ. We reverse because we do not find the state court’s decision to be contrary to or an unreasonable application of clearly established federal law or an unreasonable determination of the facts in light of the evidence.

FACTUAL AND PROCEDURAL BACKGROUND

Early in the morning on December. 29, 2007, Travis Goodwin was shot while sitting in a van parked outside of his mother’s house. He died 12 days later from his wounds. Wright was charged with aiding and abetting the shooters, two men known as Worm and Black, by driving them to and from the shooting.

The primary witness for the prosecution was Dawayne Currie, who lived near the scene of the shooting. At trial, Currie testified to the following: He was playing video games with his six-year-old daughter around 2:00 AM when he saw Goodwin pull up and park the van in a driveway. About 20 minutes later, Currie heard gunshots and took his daughter to the back of the house before returning to look out the front window. He saw Black backing away from the van and firing a round with an AK47 assault rifle, Worm getting into the passenger side of Wright’s black Charger holding a shiny handgun, and Wright sitting in the driver’s seat. Black and Worm were wearing ski masks but he knew them from their manner of walking and distinctive body shapes. Even though it was dark and the car’s windows were lightly tinted, Currie could see Wright’s face and his braided hairstyle. Currie’s testimony that the shooters used a handgun and an AK47 assault rifle was consistent with the type of shell casings found at the scene. Currie also acknowledged that, a few weeks prior to Goodwin’s murder, Wright had paid him $100 to burn a drug house in the neighborhood that belonged to Worm. Currie did so knowing that Wright was going to blame Goodwin. Currie testified that Goodwin was involved in the drug business and had [405]*405conflicts with Wright, Black, and Worm because of it.

Currie’s testimony contained some inconsistencies. Although he testified that he told Goodwin’s mother, Alice Smiley, who shot her son before Goodwin’s funeral, Smiley testified that Currie never told her who killed her son. Currie testified that he saw Wright’s face the night of the shooting, but he told defense counsel before trial that he never saw Wright’s face. Cur-rie also admitted at trial that he had lied under oath at the preliminary examination regarding his knowledge of any conflict between Wright and Goodwin. Despite the inconsistencies in his testimony, Currie was consistent in his identifications of the perpetrators. On redirect, Currie testified adamantly that Wright was the person who asked him to burn the drug house, blamed Goodwin for it, and drove the black Charger to and from the shooting.

Other than Currie’s testimony, another component of the prosecutor’s case-in-chief was recordings of phone calls Wright made from jail. The prosecutor argued that Wright admitted involvement in the murder when he made statements such as “even if I didn’t do it,” “he was out there the night when Trav got shot.... I remember,” and “they know I didn’t do no shooting.” Wright also told his girlfriend of his decision to take out his braids and change his hairstyle. In the recordings, Wright alluded to giving Currie and his father something for not going to court or for going to court and telling the truth. Currie testified that Wright offered him money not to come to court.

A third component of the prosecutor’s case, and the one that gave rise to Wright’s habeas claims at issue in this appeal, was the testimony of Officer Thomas. He testified that, less than one month before his death, Goodwin flagged him down while he was on patrol and told him that Goodwin had received threats from Wright, Damien Bell, and Tommy Dickey, who were expanding their drug-sales territory. Defense counsel objected to the testimony as extremely prejudicial and biased, but the trial court held that the testimony did not' present a hearsay problem and could be admitted. Defense counsel impeached Officer Thomas by eliciting that he did not put Goodwin’s concerns in a police report or seek out the individuals making the threats and that he was close to Goodwin’s family. The prosecutor’s closing argument referenced Officer Thomas’s testimony. She stated, “Travis Goodwin reached out to a police officer and said trouble brewing; I’m worried about—I’m worried about somebody’s going to hurt me,” and “he named three people first of which was Nigel Wright.”

The jury returned a guilty verdict, and Wright appealed. He argued that the trial court erred in admitting Goodwin’s out-of-court statements through Officer Thomas. People v. Wright, No. 288975, 2010 WL 5373811, at *1 (Mich. Ct. App. Dec. 28, 2010). The appellate court concluded that the statements were inadmissible hearsay but declined to reverse “because it does not appear more probable than not that the error affected the outcome of the trial.” Id. at *3. The court carefully reviewed the record and concluded, “[W]e do not agree [with Wright] that the inconsistencies in Currie’s testimony were so consequential, or the inadmissible evidence so prejudicial, that one must conclude that more likely than hot the jury’s assessment of defendant’s guilt or innocence turned on the inadmissible evidence.” Id. With regard to Wright’s Confrontation Clause claim, the court stated:

[D]efense counsel objected to the admission of Officer Thomas’s testimony about Goodwin’s statements, but not on Confrontation Clause grounds. Accordingly, [406]*406this issue is unpreserved. We review unpreserved constitutional error for plain error affecting substantial rights. A demonstration of plain error affecting substantial rights generally requires a showing of prejudice, i.e., that the error affected the outcome of the lower court proceedings. For the reasons already noted, defendant has not established that the admission of these statements affected the outcome of his case.

Id, at *4 (internal quotation marks and citations omitted).

The Michigan Supreme Court declined review, and Wright filed the instant habeas petition in federal court. The district court conditionally granted the writ, finding that the Michigan court unreasonably applied clearly established federal law in concluding that Wright was not denied effective assistance of counsel when his attorney failed to object on Confrontation Clause grounds to Officer Thomas’s testimony. Wright v. Rivard, No. 2:12-CV-14164, 2015 WL 3441154, at *1 (E.D. Mich. May 28, 2015).

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Cite This Page — Counsel Stack

Bluebook (online)
665 F. App'x 403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nigel-wright-v-s-burt-ca6-2016.