Ricks v. Deangelo

CourtDistrict Court, E.D. Michigan
DecidedMarch 21, 2022
Docket2:19-cv-10387
StatusUnknown

This text of Ricks v. Deangelo (Ricks v. Deangelo) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ricks v. Deangelo, (E.D. Mich. 2022).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ROBERT ANTHONY RICKS,

Petitioner, Case No. 19-10387 Honorable Laurie J. Michelson v.

JODI DEANGELO,

Respondent.

OPINION AND ORDER DENYING PETITION FOR HABEAS RELIEF [1] A jury convicted Robert Anthony Ricks in Wayne County Circuit Court of premeditated murder. Ricks was sentenced to life imprisonment. He appealed his conviction to the Michigan Court of Appeals, arguing that there was insufficient evidence to support his conviction. The Michigan Court of Appeals affirmed Ricks’ conviction, and the Michigan Supreme Court denied him leave to appeal because his request for leave was untimely. In 2019, Ricks petitioned this Court for a writ of habeas corpus under 28 U.S.C. § 2254. (ECF No. 1.) Ricks argues that his conviction should be overturned because the circumstantial evidence did not establish (1) his identity as the perpetrator of the crime or (2) the premeditation element. Because the Court finds that the Michigan Court of Appeals’ adjudication of Ricks’ claim on the merits was not contrary to or an unreasonable application of United States Supreme Court precedent, the Court denies the habeas petition. Ricks’ conviction arose from the fatal stabbing of his father-in-law, Stewart

Banks, Jr. See People v. Ricks, No. 336498, 2018 WL 1768110, at *1 (Mich. Ct. App. Apr. 12, 2018). Ricks was married to Mary Banks1, Banks’ daughter. (ECF No. 8-9, PageID.332 (Trial Tr. at 69 (Oct.13, 2016)).). According to Mary, she decided to separate from Ricks in January 2014, and traveled from Detroit to Baltimore to live with her parents. (Id. at PageID.333 (Trial Tr. at 70 (Oct.13, 2016)).) Mary testified that Ricks initially followed her to Baltimore, but the two had agreed to separate. (Id.

at PageID.334 (Trial Tr. at 71 (Oct.13, 2016)).) Mary planned to give Ricks $75 so that he could take a bus back to Detroit, where they had an apartment. (Id. at PageID.334–335 (Trial Tr. at 71–72 (Oct.13, 2016)).) Around 7 p.m. on February 21, 2014, Mary returned to her parents’ house in Baltimore and noticed her father was not at home. (Id. at PageID.336 (Trial Tr. at 73 (Oct.13, 2016)).) She also noticed that Ricks had left and taken his keys, so she called

Ricks and asked him where Banks was. (Id.) Ricks responded, “what does the note say[?]” (Id. at PageID.337 (Trial Tr. at 74 (Oct.13, 2016)).) Mary then found a handwritten note that appeared to be from her father. (Id.) The note said, “gone to hospital.” (Id.) Mary then asked Ricks why her father had gone to the hospital, and

1 Because the Court is referring to Stewart Banks, Jr., as “Banks,” the Court will refer to his daughter as “Mary Banks” or “Mary.” Ricks said, “I know he was feeling sick.” (Id. at PageID.339 (Trial Tr. at 76 (Oct.13, 2016)).) Other than this note, Banks testified she was not aware her father was sick, nor did she observe him being sick that day. (Id.) Mary also testified that during this

phone call, Ricks said he and Banks went their separate ways. (Id.) A detective with the Baltimore Police Department, however, saw on surveillance video that Ricks left the house with Banks that day and went to a pawn shop with him later that morning. (ECF No. 8-10, PageID.398–399 (Trial Tr. at 8–9 (Oct. 17, 2016)).). Further, cell tower records established that the two men then traveled by bus together from Baltimore to New York City later the same day. (Id. at PageID.404–405 (Trial Tr. at 14–15 (Oct.17, 2016)).) Banks’ phone stayed in New

York City through Friday evening and was ultimately tracked to Jersey City on Saturday evening. (Id. at PageID.407–408 (Trial Tr. at 17–18 (Oct.17, 2016)).) It appeared to follow a New York City trash truck route (thus suggesting that the phone had been tossed in the trash). (Id. at PageID.409 (Trial Tr. at 19 (Oct.17, 2016)).) In the same time frame, Ricks’ cell phone traveled through New Jersey and Pennsylvania, and ultimately arrived in Detroit on Saturday morning. (Id. at

PageID.407 (Trial Tr. at 17 (Oct.17, 2016)).) After Mary spoke to Ricks on February 21, 2014, she never again heard from her father. (ECF No. 8-9, PageID.341 (Trial Tr. at 78 (Oct.13, 2016)).) Mary reported Banks missing early on February 22, 2014. (Id. at PageID.342 (Trial Tr. at 79 (Oct.13, 2016)).) A month later, on March 21, 2014, Joseph Fielder, a Detroit resident, discovered Banks’ body in a vacant lot in Detroit. (Id. at PageID.301–03 (Trial Tr. at 38–40 (Oct.13, 2016)).) His postmortem exam revealed that Banks had been stabbed 25 times on his head, neck, back, and wrist. (Id. at PageID.278 (Trial Tr. at 15 (Oct.13, 2016)).) There was no identification on him (id. at PageID.317 (Trial Tr. at 54 (Oct.13,

2016)).), but a bank envelope found in one of his pockets led to his eventual identification through dental records. (See ECF No. 8-10, PageID.443–44 (Trial Tr. at 53–54 (Oct. 17, 2016)).) The doctor who conducted the postmortem exam testified he did not know when Banks died, but the body had partially-decomposed by the time it was examined. (ECF No. 8-9, PageID.298–299 (Trial Tr. at 35–36 (Oct. 13, 2016)).) Mary testified that Ricks was evasive and changed his story more than once when she questioned him about her father’s whereabouts. After Mary called the police

to file a missing person report, she called Ricks again. (ECF No. 8-9, PageID.344–345 (Trial Tr. at 81–82 (Oct. 13, 2016)).) On that occasion, Ricks told Mary that he did not know where her father was and that they had gone their separate ways. (Id. at PageID.345 (Trial Tr. at 82 (Oct. 13, 2016)).) But in a later conversation, Ricks told Mary that he had dropped Banks off at the bus station to take the BoltBus to New York. (Id. at PageID.355 (Trial Tr. at 92 (Oct. 13, 2016)).) In yet another conversation,

Ricks stated that he and Banks had gone to New York where they got into an argument and that Banks had told Ricks that he was going back to Baltimore. (Id. at PageID.356 (Trial Tr. at 93 (Oct. 13, 2016)).) In October 2014, Mary informed Ricks that Banks’ body had been found. (Id. at PageID.358–359 (Trial Tr. at 95–96 (Oct. 13, 2016)).) At that point, Ricks admitted that he and Banks went to Detroit together, but said that Ricks’ brother had killed Banks. (Id.) Mary also testified that, upon hearing the news about her father’s death, Ricks told her that some good might come from it because Ricks could then “come back home.” (Id. at PageID.359 (Trial Tr. at 96 (Oct. 13, 2016)).)

Ricks testified in his own defense. He said that he and Banks had left the apartment together the morning of February 21, 2014, and that he knew Banks had left a note, though he did not know what the note said. (ECF No. 8-11, PageID.527 (Trial Tr. at 15 (Oct. 18, 2016)).) They both got on the BoltBus and traveled to New York. (Id. at PageID.529 (Trial Tr. at 17 (Oct. 18, 2016)).) In New York, according to Ricks, the two men parted ways, and Ricks took a Megabus to Detroit. (Id. at PageID.530–531 (Trial Tr. at 19–20 (Oct. 18, 2016)).) Ricks testified that he was going

home to Detroit to see his son and to inquire about a building in Hamtramck that he wanted to turn into a charter school. (Id. at PageID.530–532 (Trial Tr. at 19–21 (Oct. 18, 2016)).) He also stated that he saw his brother and a woman named Tiffany while in Michigan, and that both drove with him to various schools in metro Detroit to inquire about leasing the buildings. (Id. at PageID.533–534 (Trial Tr. at 22–23 (Oct. 18, 2016)).) After spending a few days in Detroit, Ricks traveled back to Baltimore

and saw Mary. (Id. at PageID.534 (Trial Tr. at 23 (Oct. 18, 2016)).) There, he told Mary again that he and Banks had parted ways at the BoltBus. (Id.) He then collected his things from the Baltimore house and left.

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