Tucker v. Palmer

541 F.3d 652, 2008 U.S. App. LEXIS 18890, 2008 WL 4067541
Court of Appeals for the Sixth Circuit·Decided September 4, 2008·No. 07-1408·Published·Cited by 289 cases

Opinions

ACKERMAN, D. J., delivered the opinion of the court, in which SUTTON, J., joined. KEITH, J. (pp. 661-71), delivered a separate dissenting opinion.

OPINION

ACKERMAN, District Judge.

This case involves the conviction of a man for second-degree home invasion based exclusively upon the testimony of the homeowner, who saw the defendant climbing over the back yard fence and running away from the house. Here, we face the sobering issue of whether a man was unconstitutionally deprived of his liberty. We recognize that such an issue should never be addressed lightly, and so we have endeavored to carefully and thoroughly review, with the appropriate level of deference, the evidence adduced at trial. Having engaged in such review, we conclude that the state court conviction of Raymond Tucker for second-degree home invasion is supported by sufficient evidence, albeit circumstantial. For the following reasons, we will reverse the District Court’s grant of Tucker’s habeas petition.

I.

At trial, the prosecution’s only witness, Nicholas Sutliff, testified to the following facts. On August 18, 2003, Sutliff was mowing his yard in Dearborn Heights, Michigan when he saw a man jump over a low fence out of Sutliffs back yard and into Sutliffs side yard where Sutliff was located. Sutliff recognized the man as Defendant Raymond Tucker, someone with whom he was familiar because Tucker’s family lived next door to Sutliff.1 After clearing the fence, Tucker ran in Sutliffs general direction and passed within six feet of Sutliff, at which point the two men made eye contact before Tucker continued running without exchanging a word with Sutliff.

After this incident, Sutliff went into his back yard, and as he approached his back door, noticed that it was ajar. This fact is significant because Sutliff remembered [655] having locked the front door, and closed, but not locked, the back door. He remembers having closed the door completely because his air conditioning was on in the house. Sutliff entered his house, did not notice anything unusual, then left his house to ask his neighbors if they had seen Tucker that day. After returning to his house, Sutliff noticed that his dresser drawer was open where previously it had been closed. In addition, Sutliff noticed that where he had left two rings and a watch on top of the dresser, only the watch remained.

Police arrested Tucker on September 24, 2003 in connection with the incident at Sutliffs home. Tucker refused to answer the court’s questions at arraignment, and consequently the court entered a plea of not guilty on Tucker’s behalf. On February 3, 2004, after signing and filing a waiver of trial by jury, Tucker was tried in a bench trial, and convicted of second-degree home invasion, in violation of Michigan Comp. Laws § 750.110a(3). On February 26, 2004, the trial judge sentenced Tucker to 7 to 15 years imprisonment.

After his conviction in this case, Tucker filed an appeal with the Michigan Court of Appeals, which issued a summary order on May 13, 2005 denying his appeal: “The Court orders that the application for leave to file a delayed appeal is DENIED for lack of merit in the grounds presented.” (JA at 95.) On November 29, 2005, the Michigan Supreme Court similarly denied Tucker’s appeal: “On order of the Court, the application for leave to appeal the May 13, 2005 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question-presented should be reviewed by this Court.” (JA at 96.)

On January 19, 2006, Tucker filed his federal habeas petition in the Eastern District of Michigan. On December 15, 2006, Magistrate Judge Paul J. Komives issued a Report and Recommendation (“R & R”), in which he recommended that the District Court grant Tucker’s petition for habeas relief on the grounds that there was insufficient evidence for the trial court to conclude that Tucker entered Sutliffs home. (JA at 97.) Relatedly, the R & R recommended that the District Court find that the state trial court’s conviction of Tucker “involved an unreasonable application of clearly established federal law.” (JA at 108.) On March 22, 2007, District Judge Lawrence P. Zatkoff adopted the Magistrate Judge’s R & R, entered it as “the findings and conclusions of this Court,” and concomitantly granted Tucker’s petition for a writ of habeas corpus. Tucker v. Palmer, No. 06-10250, 2007 WL 869164, at *1 (E.D.Mich. Mar.22, 2007). Subsequently, on April 16, 2007, the District Court granted the Michigan Attorney General’s request to stay the release of Tucker pending the outcome of this appeal. He remains in custody today.

The District Court had jurisdiction over this case pursuant to 28 U.S.C. § 2254. The District Court’s March 22, 2007 Opinion & Order, adopting the Magistrate Judge’s R & R, constitutes a final order such that this Court has appellate jurisdiction over this appeal pursuant to 28 U.S.C. § 1291.

II.

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Tucker v. Palmer, 541 F.3d 652, 2008 U.S. App. LEXIS 18890, 2008 WL 4067541 (6th Cir. 2008).

541 F.3d 652 (Tucker v. Palmer) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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