Shannon Keys v. Raymond Booker

798 F.3d 442, 2015 FED App. 0196P, 2015 U.S. App. LEXIS 14520, 2015 WL 4926693
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 19, 2015
Docket14-1274
StatusPublished
Cited by10 cases

This text of 798 F.3d 442 (Shannon Keys v. Raymond Booker) 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
Shannon Keys v. Raymond Booker, 798 F.3d 442, 2015 FED App. 0196P, 2015 U.S. App. LEXIS 14520, 2015 WL 4926693 (6th Cir. 2015).

Opinions

[446]*446GILMAN, J., delivered the opinion of the court in which COLE, C.J. and KETHLEDGE, J., joined.

KETHLEDGE, J. (pp. 456-57), delivered a separate concurring opinion.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Shannon Ladel Keys was convicted in 2005 by a Michigan jury of second-degree murder, conspiracy to commit unarmed robbery, and assault with the intent to rob while armed. Due in part to his “habitual offender” status, the Mecosta County Circuit Court subsequently sentenced Keys to life in prison for the murder and conspiracy charges and to 12 to 25 years of imprisonment for the assault charge (to be served concurrently). Following the exhaustion of his state-court remedies, Keys filed a petition for habeas corpus in the United States District Court for the Eastern District of Michigan in 2011.

Keys makes three arguments in his petition: (1) the prosecution failed to present evidence sufficient to support his convictions for second-degree murder and assault with the intent to rob while armed, (2) his due process rights were violated when the jury panel viewed him in shackles during voir dire, and (3) his counsel on direct appeal was constitutionally ineffective for/failing to fully investigate and raise the shackling claim. The district court denied the petition. For the reasons set forth below, we AFFIRM the judgment of the district court.

I. BACKGROUND

A. Factual background

The opinion rendered by the Michigan Court of Appeals provides the following relevant facts:

Defendant’s convictions arise from the death of Jeremiah “Jake” Monroe, who was shot and killed during a failed robbery attempt. De Lauren Gordon allegedly committed the shooting, and was aided by Marvin Redmond and defendant, who allegedly planned the robbery and drove Gordon to Monroe’s residence.
... Redmond testified that Gordon was in defendant’s presence and eyesight when he placed a gun in the console of defendant’s vehicle on the way to Monroe’s house the night before Monroe’s murder. Unable to find Monroe, the group abandoned their plans to rob Monroe that night, deciding to try again the next night. The jurors could infer from this testimony that defendant knew that Gordon had a gun and would again bring it on the subsequent attempt. Defendant maintains that the evidence shows that he did not plan or intend to assist an armed robbery, and that he actually tried to discourage and prevent Gordon from bringing a gun to the robbery. Defendant emphasizes that Redmond testified that he and defendant advised Gordon “a thousand times” that it was not necessary to use a gun because Monroe would be unlikely to resist the robbery. However, the jurors could infer from this testimony that defendant must have known about Gordon’s gun, otherwise he would not have thought it necessary to tell him repeatedly not to use it during the robbery attempt. Furthermore, defendant’s belief that Monroe would feel too intimidated and overpowered to resist the robbery attempt was based on defendant’s original plan in which four robbers would confront Monroe. In the final plan, only one robber — Gordon—was to confront Monroe, thus raising the possibility that Monroe might attempt to resist and that [447]*447Gordon would resort to using a weapon to commit the robbery. Additionally, defendant and Redmond did not previously know Gordon, which increased the risk that Gordon would not follow defendant’s and Redmond’s repeated instructions to not involve a weapon in the robbery attempt.

People v. Keys, No. 264387, 2007 WL 395104, at *1-2 (Mich.Ct.App. Feb. 6, 2007) (unpublished).

The district court ably summarized the following additional facts in this case:

Previous to the murder, Keys “shot dice” with Monroe and, at times, the games involved thousands of dollars. In late February or early March 2003, Keys and Redmond discussed the possibility of robbing one of Monroe’s games. Originally Keys’s idea, Redmond indicated he might be interested. Later, the two discussed the idea again, deciding that neither could participate directly because Monroe knew them. However, because the plan-was to take drug and dice money — along with cocaine — neither man was concerned that Monroe would report the robbery to the police. So Redmond decided to convince his brother Eli Evans (who lived in Lansing, Michigan and did not know Monroe) to get involved. Evans was “big and intimidating,” and Redmond trusted him.
Keys and Redmond traveled from Big Rapids, Michigan to Lansing, and Redmond invited Evans into Keys’s vehicle to discuss the plan. Keys explained that the robbery — or “lick” — would be “simple” because it involved a “young white boy.” Keys also indicated that the take would be at least a couple of “stacks” (one thousand dollars). Finally, Keys explained that it was necessary to carry out the robbery as soon as possible because Monroe’s friend “Cartwright” was out of town. At that point, Gordon came to Keys’s vehicle as well. Evans then introduced Gordon to Keys and Redmond. Keys then explained to Gordon that it would be an easy robbery.
Keys did warn that Monroe’s roommate, Stewart, might be present in the residence, and that there would be a dog. He also warned that there might be a .12-gauge shotgun in the house, but Evans liked the odds: “[fjour of us against one little, young white boy.”
Redmond testified that during the trip back to Big Rapids, Gordon placed a semi-automatic weapon on the console of Keys’s vehicle, and that Keys observed the weapon. Evans testified that he didn’t see the gun, but admitted that he had previously seen Gordon with the semi-automatic pistol. Redmond also testified that Keys repeatedly said: “[Y]ou ain’t going to need to use a gun for this.... ” Likewise, Keys and Redmond repeated that no one needed to get hurt.
On the first attempt to rob Monroe, Keys and Redmond reiterated that “[sjhouldn’t nobody get hurt.” While Evans was big and intimidating, he was also stable enough not to hurt or kill anyone. Redmond knew nothing about Gordon or his background, but he trusted his brother. Keys also said that they did not need a gun because it would be an easy robbery. Despite similar comments by Redmond, Gordon insisted on taking his weapon.
After the men were unable to locate Monroe on the first night, Redmond, Evans, and Gordon returned to Lansing. Once there, Redmond asked Evans if he was going to follow through with the robbery, but Evans declined. Evans did not like the fact that the plan involved only two of them going inside Monroe’s house rather than all four. Indeed, Evans indicated that the plan [448]*448“was stupid.” Keys called Evans and asked if they were still coming down. Evans told Keys that he was not coming. So Keys told Redmond to bring Gordon, and that he would contact a Mend in Grand Rapids to replace Evans. However, the arrangement fell through, and only Redmond and Gordon returned to participate in the robbery.
The night of the second attempt, Keys and Monroe went to a casino. Keys told Redmond and Gordon that he had dropped off Monroe. Keys also reported that he and Monroe had talked about what they would do if someone tried to rob them. Keys claimed that Monroe said he would not resist a robbery attempt.

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Bluebook (online)
798 F.3d 442, 2015 FED App. 0196P, 2015 U.S. App. LEXIS 14520, 2015 WL 4926693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shannon-keys-v-raymond-booker-ca6-2015.