Puckett v. Costello

111 F. App'x 379
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 9, 2004
DocketNo. 02-1565
StatusPublished
Cited by5 cases

This text of 111 F. App'x 379 (Puckett v. Costello) 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
Puckett v. Costello, 111 F. App'x 379 (6th Cir. 2004).

Opinions

OPINION

FORESTER, District Judge.

A jury convicted the Appellant, Joshua D. Puckett, of first-degree murder and possession of a firearm during the commission of a felony. Puckett received consecutive prison sentences of two years and life without the possibility of parole for his offenses. The Michigan Court of Appeals affirmed Puckett’s conviction on direct appeal and the Michigan Supreme Court denied leave to appeal. Puckett subsequently petitioned the United States District Court for the Eastern District of Michigan for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The district court denied Puckett’s petition. Puckett now appeals, arguing that no rational trier of fact could have found him guilty of first-degree murder because the evidence adduced at trial did not establish that he possessed the requisite intent to kill. For the following reasons, we AFFIRM.

I. FACTUAL BACKGROUND

On November 9, 1995, Puckett gathered with Roger Cameron, Brian Lehtimaki, James Flatt and Daniel Broyles at Cameron’s residence in Garden City, Michigan. At the time, Puckett claimed membership in the Insane Gangster Mafia while Cameron and Lehtimaki claimed membership in the Gangster Disciples. The group spent much of the evening socializing, drinking, and smoking marijuana. At some point, Cameron produced a recently-acquired firearm — an SKS semi-automatic assault rifle — and expressed a desire to use it.

Later in the evening, the group began discussing a rival gang, the Cash Flow Posse. The conversation began with talk about fighting with members of the Cash Flow Posse, but deteriorated into talk about the possibility of a drive-by shooting. The group ultimately decided to travel to Detroit, Michigan to party. Before setting out, someone placed the SKS assault rifle in the trunk of Puckett’s car. Puckett, Flatt and Cameron traveled in Puckett’s car while Broyles and Lehtimaki traveled in Broyles’ car.

The group ended up at a flat on Wendell Street in southwest Detroit. A small group, which included Hillary Rogers and Adrian Alvarez, was already assembled at the Wendell Street flat. As everyone gathered together, a discussion began about the possibility of carrying out a drive-by shooting against the Cash Flow Posse. The group ultimately decided to direct a drive-by shooting at the basement [381]*381apartment in a building where members of the Cash Flow Posse were known to congregate.

Broyles drove his car with Cameron in the front passenger seat, Rogers in the backseat behind Cameron, Flatt in the backseat behind Broyles, and Lehtimaki in the middle of the back seat. Cameron carried his SKS assault rifle and Flatt carried a shotgun that Puckett had procured earlier in the evening. Puckett drove his car and was accompanied by Alvarez and two other unidentified companions. Both cars proceeded to Stair Apartments, periodically passing each other or intersecting along the way.

After arriving at the Stair Apartments, Broyles circled the block several times. The participants have provided different explanations for this circling, but it appears that it was done to either locate the correct building or to wait for traffic to clear. On the final pass, Broyles slowed as he passed in front of the apartment building. Cameron leaned out the window and fired several shots. Angel Ramirez, a twelve-year-old girl who was sitting in a car in front of the apartment building with her mother and two other children, was struck in the head and killed. Examination of the scene revealed four bullet holes in the windows of the basement apartment, one bullet hole in the front door of the building, and one bullet hole in the window of a second apartment.

After Cameron fired the shots, Broyles sped away. He dropped Rogers off near the Wendell Street flat. Rogers took both guns and placed them alongside the flat. Puckett subsequently retrieved the guns.

II. LEGAL FRAMEWORK

Clearly established United States Supreme Court precedent holds that the due process clause protects a criminal defendant from being convicted of a crime without proof beyond a reasonable doubt of every element of the offense. In re Winship, 397 U.S. 358, 364, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970). In reviewing the sufficiency of the evidence, we must view the evidence in the light most favorable to the prosecution, and determine whether “any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) (emphasis in original). This standard of review recognizes the trier of fact’s responsibility to resolve reasonable conflicts in testimony, to weigh the evidence, and to draw reasonable inferences from basic facts to ultimate facts. Id. In applying the standard, we must make “explicit reference to the substantive elements of the criminal offense as defined by state law.” Id. at 324 n. 16.

Michigan law recognizes two degrees of murder — first-degree murder and second-degree murder. “[S]econd-degree murder is committed only if the actor entertains one of three possible intents: the intent to kill, the intent to inflict great bodily harm, or the intent to create a very high risk of death or great bodily harm with knowledge that death or great bodily harm is the probable result.” People v. Dykhouse, 418 Mich. 488, 345 N.W.2d 150, 151 (Mich.1984) . First-degree murder, on the other hand, is committed only when the actor has a premeditated and deliberate intent to kill. Id. “Because the law recognizes the difficulty of proving an actor’s state of mind, minimal circumstantial evidence is sufficient to sustain a conclusion that a defendant entertained the requisite intent.” People v. Strong, 143 Mich.App. 442, 372 N.W.2d 335, 339 (Mich.Ct.App.1985) . “Intent may also be inferred from facts and circumstances established beyond a reasonable doubt.” Id.

[382]*382In the present case, Puckett’s liability for Angel Lawrence’s death was based on the theory that he aided or abetted the shooter, Cameron. Accordingly, in order for Puckett to be guilty of first-degree murder, the prosecution was required to prove “that at the time of the shooting [Puckett] either had the premeditated and deliberate intent to kill the victim or that [he] participated knowing that [Cameron] possessed this specific intent.” People v. Youngblood, 165 Mich.App. 381, 418 N.W.2d 472, 475 (Mich.Ct.App.1988). The prosecution did not argue that either Puckett or Cameron intended to kill Angel Lawrence; instead it relied on the theory of transferred intent, arguing that Puckett and Cameron intended to kill rival gang members but killed Angel Lawrence instead. Puckett argues that the evidence adduced at trial did not form a sufficient basis for any rational fact finder to conclude that either he or Cameron possessed the requisite intent to kill.

III. STANDARD OF REVIEW

In Alley v. Bell,

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111 F. App'x 379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/puckett-v-costello-ca6-2004.