Puertas v. Overton

168 F. App'x 689
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 13, 2006
Docket04-2405
StatusUnpublished
Cited by1 cases

This text of 168 F. App'x 689 (Puertas v. Overton) 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
Puertas v. Overton, 168 F. App'x 689 (6th Cir. 2006).

Opinions

SUTTON, Circuit Judge.

In this habeas action, Joseph Puertas challenges his Michigan state-court convictions for one count of operating a criminal enterprise and six counts of delivering less than 50 grams of cocaine. The district court denied the petition. Because the resolution of Puertas’s constitutional claims by the state courts was not contrary to, and did not amount to an unreasonable application of, Supreme Court precedent, we affirm.

I.

In 1997, when police suspected Puertas of selling drugs from his Oakland County, Michigan bowling alley, the Megabowl, they hired an informant to confirm their suspicions. Working with the Michigan State Police, members of the Oakland County Sheriffs Department hired Joseph Sweeney to purchase cocaine from Puertas at the bowling alley.

At Puertas’s state-court trial, police and Sweeney testified that between August 19 and November 18, 1997, Sweeney completed six controlled buys of cocaine from Puertas or his co-defendant. Before each buy, the officers searched Sweeney to ensure that he did not possess any drugs and watched him during his encounters with Puertas. After the sixth buy, police executed search warrants for 12 locations associated with Puertas. Although the investigators involved in these coordinated searches did not seize any drugs, two drug-detecting dogs alerted to nine different safes owned by Puertas. Officers and experts testified at trial that the dogs were most likely alerting to a lingering odor from drugs that recently had been removed from the safes. The officers also recovered $1.9 million in cash and property during the searches. Based on this evidence, the jury convicted Puertas of operating a criminal enterprise and of selling cocaine.

Puertas appealed to the Michigan court of appeals. While that appeal was pending, he obtained a copy of a state police report investigating allegations of public corruption stemming from, among other law-enforcement activity, the police investigation of him. The report details interviews with officers involved in the Puertas investigation and other law-enforcement agents who had contact with those officers. It concludes that the allegations of public corruption in connection with the Puertas investigation were unfounded. Although not all of the information in the report directly concerns Puertas, parts of it concern the credibility of some of the participants in the Puertas investigation and parts of it contain statements from several of the witnesses in his case. Ruling that the prosecution had a duty to give Puertas the report before or during trial, the trial court set aside Puertas’s conviction and granted him a new trial.

On appeal, the Michigan court of appeals reversed the decision to grant a new trial and affirmed Puertas’s convictions. People v. Puertas, Nos. 224173, 224286, 2002 WL 31160304 (Mich.Ct.App. Sept.27, 2002). The Michigan Supreme Court denied Puertas’s motion for leave to appeal. People v. Puertas, 468 Mich. 907, 661 N.W.2d 583 (2003).

On June 23, 2003, Puertas filed this habeas petition. The district court denied the petition but granted a certificate of appealability on all issues. Puertas v. Overton, 342 F.Supp.2d 649 (E.D.Mich. 2004).

[694]*694II.

Under the Anti-Terrorism and Effective Death Penalty Act (AEDPA), we may grant a habeas petition if the state court’s adjudication of the claim “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254(d)(1); see Williams v. Taylor, 529 U.S. 862, 405, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000). If “a claim has not been adjudicated on the merits in State court proceedings and has not been procedurally defaulted, we look at the claim de novo rather than through the deferential lens of AEDPA.” Hill v. Mitchell, 400 F.3d 308, 313 (6th Cir.2005) (internal quotation marks and citation omitted).

A.

Puertas first argues that the prosecution violated its duty under the Due Process Clause and Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), when it failed to provide him with the state police report. To demonstrate a Brady violation, (1) “[t]he evidence at issue must be favorable to the accused, either because it is exculpatory, or because it is impeaching;” (2) “that evidence must have been suppressed by the State, either willfully or inadvertently;” and (3) “prejudice must have ensued.” Strickler v. Greene, 527 U.S. 263, 281-82, 119 S.Ct. 1936, 144 L.Ed.2d 286 (1999). “There is no Brady violation where a defendant knew or should have known the essential facts permitting him to take advantage of any exculpatory information, or where the evidence is available ... from another source, because in such cases there is really nothing for the government to disclose.” Coe v. Bell, 161 F.3d 320, 344 (6th Cir.1998) (internal quotation marks omitted).

The Michigan court of appeals held that Puertas satisfied the first element of a Brady claim because the state police report had impeachment value. Puertas, 2002 WL 31160304, at *2 (“[T]he report may fairly be characterized as having impeachment value to the defense as it relates to the credibility of some of the key players in the Megabowl investigation.”). No one disputes that conclusion. As to the second element of a Brady claim, the Michigan court of appeals held that the prosecution did not “suppress” the report because it did not have it. “[T]he prosecutor,” the court held, does not have “a duty to learn of all evidence favorable to the defense known to anyone in the course of government work.” Id. at *5. Rather, the prosecutor’s duty is “limited to learning of all evidence favorable to the defense known by government actors working on the same case.” Id. Because the state police investigation did not take place on behalf of the Oakland County prosecutor, the court held that “it is unreasonable to impute to the prosecutor or the Sheriffs Department possession of the work product resulting from the State Police’s public corruption investigation.” Id. As to the third element of a Brady claim, the court concluded that Puertas and his co-defendant “failed to demonstrate that they exercised reasonable diligence to obtain” the report, id., and concluded that “[h]ad the complete report rested in the defense’s possession all along, a different result might be considered a possibility, but not a ‘reasonable probability,’ ” as case law requires, id. at *5 n. 8.

Because the state court’s rejection of Puertas’s arguments under the third prong of the Brady test does not unreasonably apply controlling Supreme Court precedent, we shall address only that aspect of the state court of appeals’ decision and shall affirm the district court’s deci[695]*695sion on that ground alone. In particular, a state court could reasonably conclude that Puertas either knew the substance of the report’s contents or knew enough to have discovered that information based upon further inquiry.

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