Wynne v. Renico

606 F.3d 867, 2010 U.S. App. LEXIS 11470, 2010 WL 2221024
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 4, 2010
Docket03-2319, 09-1148
StatusPublished
Cited by78 cases

This text of 606 F.3d 867 (Wynne v. Renico) 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
Wynne v. Renico, 606 F.3d 867, 2010 U.S. App. LEXIS 11470, 2010 WL 2221024 (6th Cir. 2010).

Opinions

SUTTON, J., delivered the opinion of the court, in which REEVES, D. J., joined. MARTIN, J. (pp. 872-75), delivered a separate opinion concurring in the reasoning and conclusion of the lead opinion.

OPINION

SUTTON, Circuit Judge.

A jury convicted Scott Wynne of murdering his neighbor, Philip Timmerman, [869]*869and the trial court sentenced him to life in prison. Unable to obtain relief from the state courts, Wynne petitioned the federal district court for a writ of habeas corpus. The district court granted the writ, holding that the state courts denied Wynne his constitutional right to present a complete defense when it refused under state evidentiary rules to admit propensity evidence designed to show that someone else — namely, the prosecution’s key witness — committed the murder. We reverse.

I.

On May 18, 1995, Timmerman was shot to death while working on his farm. No eyewitnesses to the shooting emerged, but several pieces of physical evidence linked Wynne to the crime. Ballistics evidence identified Wynne’s .45 caliber pistol as the murder weapon. Wynne’s fingerprint appeared on the weapon’s ammunition magazine. And footprints at the crime scene matched boots found in Wynne’s house. Wynne also had a motive. Three days after the shooting, Wynne’s friend Mark Peckham contacted the police, telling them that he had heard Wynne say he wanted to kill Timmerman on several occasions, apparently because he thought Timmerman’s long-term lease on the Wynne family farm would terminate upon Timmerman’s death. Wynne was so frustrated about his land dispute with Timmerman, Peckham said, that he spoke with Peckham ten to thirty times about murdering Timmerman, sometimes in conversations that turned into detailed descriptions of how he would carry out the crime.

In October 1995, Wynne stood trial for Timmerman’s murder. As part of his defense, Wynne alleged that Peckham had killed Timmerman. The trial court allowed Wynne to introduce the following evidence to support this theory: Peckham wanted to frame him to retaliate for various wrongs, including Wynne’s purported firing of Peckham five months before the murder; Peckham acknowledged he had fired some of Wynne’s guns in the past and knew where Wynne kept most of his guns, including the .45 caliber murder weapon; Peckham told an investigator he was “really pissed” at Wynne because Wynne “had everything given to him and never returned anything to [his] family,” App’x at 2086; and Peckham’s insurance agent testified that Peckham had told him at least three or four times in the week after Wynne’s arrest that Peckham was “going to put [Wynne] away,” id. at 2180.

The trial court, however, drew the line at evidence directed only to Peckham’s bad character. The court excluded testimony by Peckham’s former girlfriend that, eight years before the murder when she was in middle school, he had threatened to cut off the fingers of a classmate who touched her breasts. It excluded her testimony that, several years earlier, Peckham had abused her and threatened to kill her and that Peckham’s trailer mysteriously burned down within hours of their break-up. It excluded testimony that, after a failed suicide attempt five years earlier, Peckham declined psychologically, becoming “passive aggressive” and intent on exacting revenge in secretive ways. Id. at 1952. And it excluded evidence of Peekham’s alleged admission to a co-worker several months before the murder that he had “done something so bad in his past that if the police ever found out about it he would go to prison for life.” Id. at 2070.

The trial court also excluded evidence about Peckham’s apparent interest in women’s underwear. At some point during the trial, Wynne’s investigator discovered a blue bag in Wynne’s house, which contained a boot with tread that matched the footprints found at the crime scene. The defense did not mention until several days after delivering the bag to the court [870]*870that it found a black camisole near the bag. With this evidence, the defense sought to link Peckham to the bag via his apparent underwear fascination, but the court would not allow it.

A jury convicted Wynne of murder, and the trial court sentenced him to life in prison. See People v. Wynne, No. 192512, 1999 WL 33328893, at *1 (Mich.Ct.App. Dec. 3, 1999). After failing to obtain relief in the state courts, Wynne filed a petition for a writ of federal habeas corpus in June 2001, arguing that the trial court violated his constitutional right to present a complete defense by excluding the Peckham evidence. In September 2003, the district court granted the writ. See 279 F.Supp.2d. 866 (E.D.Mich.). After the State filed a notice of appeal, both parties alerted the district court that it had premised part of its ruling on several factual inaccuracies in Wynne’s pleadings, which the Michigan Attorney General’s Office had failed to notice. At Wynne’s request, we remanded the case to the district court to take a second look at the case, including the new light cast on it by the revised characterizations of the evidence. In January 2009, the district court issued a supplemental opinion, which also granted the writ but revised its reasons for doing so. See 595 F.Supp.2d. 775.

II.

Although Wynne filed his habeas petition after the Anti-Terrorism and Effective Death Penalty Act of 1996 went into effect, see Lindh v. Murphy, 521 U.S. 320, 326, 117 S.Ct. 2059, 138 L.Ed.2d 481 (1997), we give fresh review to his federal claim because the state courts addressed only his state law grounds for relief, see Wynne, 1999 WL 33328893, at *1, which means they did not “adjudicate[ ]” the federal claim “on the merits,” 28 U.S.C. § 2254(d); see Maples v. Stegall, 340 F.3d 433, 436 (6th Cir.2003) (“Where, as here, the state court did not assess the merits of a claim properly raised in a habeas petition, the deference due under AEDPA does not apply.”). The State does not argue that Wynne has failed to exhaust his federal claim in the state courts or that a procedural bar otherwise applies to this claim.

The Constitution guarantees “a meaningful opportunity to present a complete defense,” Crane v. Kentucky, 476 U.S. 683, 690, 106 S.Ct. 2142, 90 L.Ed.2d 636 (1986) (quotation marks omitted), but “not an unlimited right to ride roughshod over reasonable evidentiary restrictions,” Rockwell v. Yukins, 341 F.3d 507, 512 (6th Cir.2003) (en banc). A defendant must “comply with established rules of procedure and evidence designed to assure both fairness and reliability in the ascertainment of guilt and innocence.” Chambers v. Mississippi, 410 U.S. 284, 302, 93 S.Ct. 1038, 35 L.Ed.2d 297 (1973). The right to present a complete defense — including the third-party culpability defense raised here — thus does not mean that a defendant may introduce whatever evidence he wishes, only that any state-law evidentiary restrictions cannot be “arbitrary” or “disproportionate to the purposes they are designed to serve.” United States v. Scheffer,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Ford v. Rewerts
E.D. Michigan, 2025
Emery v. Macauley
E.D. Michigan, 2025
Card v. Cargor
E.D. Michigan, 2025
Ward v. Macauley
E.D. Michigan, 2025
Waire v. Stephenson
E.D. Michigan, 2025
Copeland v. Taskila
E.D. Michigan, 2025
Bradley v. Taskila
E.D. Michigan, 2024
Leigh v. Douglas
E.D. Michigan, 2024
Bozeman v. Schiebner
E.D. Michigan, 2024
Whitby v. Nagy
E.D. Michigan, 2024
Rosinski v. Howard
E.D. Michigan, 2024
Zahraie v. Cheeks
E.D. Michigan, 2024
Thompson v. Brown
E.D. Michigan, 2023
Jackson v. Miniard
E.D. Michigan, 2023
Ralph Cottenham v. Noah Nagy
Sixth Circuit, 2023
Lewis v. MaCauley
E.D. Michigan, 2023
Page v. Nessel
E.D. Michigan, 2023
Sykes v. Huss
E.D. Michigan, 2022
Slack v. Parish
E.D. Michigan, 2022

Cite This Page — Counsel Stack

Bluebook (online)
606 F.3d 867, 2010 U.S. App. LEXIS 11470, 2010 WL 2221024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wynne-v-renico-ca6-2010.