United States District Court, E.D. Michigan, Southern Division
OPINION AND ORDER DENYING THE PETITION FOR A WRIT OF
HABEAS CORPUS AND DECLINING TO ISSUE A CERTIFICATE OF
APPEALABILITY OR LEAVE TO APPEAL IN FORMA PAUPERIS
HONORABLE NANCY G. EDMUNDS UNITED STATES DISTRICT JUDGE.
Glover, (“Petitioner”), presently confined at the
Chippewa Correctional Facility in Kincheloe, Michigan, filed
a pro se petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254, in which he challenges his
conviction for second-degree murder, M.C.L.A. § 750.317;
assault with intent to commit murder, M.C.L.A. § 750.83;
felon in possession of a firearm, M.C.L.A. § 750.224f;
and possession of a firearm during the commission of a felony
(felony-firearm), M.C.L.A. § 750.227b. For the reasons
that follow, the petition for a writ of habeas corpus is
was convicted following a jury trial in the Wayne County
Circuit Court. This Court recites verbatim the relevant facts
relied upon by the Michigan Court of Appeals, which are
presumed correct on habeas review pursuant to 28 U.S.C.
§ 2254(e)(1). See Wagner v. Smith, 581 F.3d
410, 413 (6th Cir. 2009):
This case arises out of the death of Adrian Brown and the
shooting of Willie Shears on June 26, 2010, in Detroit,
Michigan. At approximately 12:30 a.m. or 12:45 a.m., Brown;
brothers, Willie and Robert Shears; and Bernard Crump arrived
at a strip club called Starvin' Marvin's. The four
men had driven to Starvin' Marvin's in two vehicles:
Robert Shears and Crump were in a black Jaguar that Crump was
driving, and Willie Shears and Brown were in Brown's van.
They parked the vehicles in valet parking. Robert Shears,
Willie Shears, and Crump then entered the club, while Brown
initially remained outside. Brown came into the club five
minutes later. The men then ordered and drank a bottle of
vodka. According to the testimony, the men were in the club
somewhere between 20 minutes to about an hour. Brown then
decided that he wanted to leave. The testimony of Willie
Shears, Robert Shears, and Crump varies about what happened
According to Robert Shears, he and Brown walked out of the
club first, exiting through the front door. Willie Shears and
Crump came out just behind them. They stood and waited
approximately 10 or 15 minutes for the valet to bring back
Brown's van. But then someone from the valet service told
them that Brown's van was not in the valet parking area.
Brown then took his keys from the valet.
Robert Sears testified that he then heard five or six
gunshots. After hearing the shots, Robert Shears then saw
Brown fall to the ground. Robert Shears stated that at this
time Willie Shears was standing near the front entrance of
According to Robert Shears, after the shooting, although he
did not believe that Brown was alive at that point, he called
out to Crump to help him put Brown into the Jaguar. As Robert
Shears was trying to get Brown into the Jaguar, another
unidentified individual approached to help, so Robert Shears
ran to look for Brown's van. Robert Shears found the van
parked in a field on the next block. He drove to near the
front entrance of the club and parked on the street. Robert
Shears then found out that Willie Shears had also been shot,
so he left to meet Willie Shears at the hospital. At the
hospital, Robert Shears learned that Brown, who was at a
different hospital, was in fact dead.
According to Willie Shears, after exiting the club, they
waited for Brown's van for approximately six or seven
minutes. Willie Shears then heard nine or 10 gunshots. But he
did not see where the shots were coming from at that time.
After the gunshots stopped, Willie Shears saw Brown fall.
According to Willie Shears, Brown then asked Willie and
Robert Shears to put him in the Jaguar. They rushed over to
him, but Willie Shears then heard six or seven more shots,
and he was shot in the right ankle. Willie Shears testified
that although he did not see him firing the gun, at that
point, he saw Glover standing behind the Jaguar, holding a
gun. Willie Shears did not see anyone else shooting. After
getting shot, Willie Shears left Brown and
“hopped” back into the club. He then lay inside
the front entrance.
Willie Shears initially testified that he did not see where
Glover went after he was shot. However, on cross-examination,
he testified that he saw Glover run to the back of the
parking lot and then he heard a third series of shots. In
total, over the three series of shots, Willie Shears heard
approximately 20 shots.
Willie Shears testified that he lay inside the club for
approximately five or six minutes before the police arrived.
An ambulance took Willie Shears to Henry Ford Hospital. At
the hospital, Willie Shears identified a photograph of Glover
as the person who shot him.
Crump testified that when they decided to leave the club, the
three men left before him because he had ordered food and he
had to wait for it. Approximately five minutes later, Crump
walked to the door with his food, and someone at the door
told him not to go outside because there was shooting in the
parking lot. Crump did not hear any shooting, so he went out
the door anyway. But after Crump got outside, he heard
shooting. Crump did not see where the shooting was coming
from because he ducked when he heard the shots. As he was
ducking, however, Crump saw Willie Shears run past him,
limping on one leg as if he had been shot. According to
Crump, the shooting sounded close at first and then sounded
like it moved further away. When the shooting was further
away, Crump looked up and saw Robert Shears holding Brown and
saying that Brown had been shot.
Crump testified that Robert Shears then told him to go find
the van. According to Crump, he ran around the parking lot
trying to find the valet to get the key, but the van was not
in the lot. So then Crump got the Jaguar, and he and Robert
Shears tried to put Brown in it, but they were not strong
enough, so a security guard helped them. Crump testified that
Robert Shears then told him that he was going to take Willie
Shears to the hospital and told Crump to take Brown. Crump
drove off and took Brown to Receiving Hospital, which was the
only hospital with which Crump was familiar. Crump testified
that while on the way to the hospital, Brown was
“breathing hard.” But at the hospital, Crump
learned that Brown was dead.
When asked what Brown did for a living, Robert and Willie
Shears and Crump all testified that Brown sold drugs.
However, they all denied that they themselves sold drugs. All
three men also testified that none of them had a gun that
night, and they did not see anyone in their group with a gun,
Roderick Williams, a reserve police officer for the Highland
Park Police Department testified that, at the time of trial,
he worked for Starvin' Marvin's Corporation. Reserve
Officer Williams was at Starvin' Marvin's on June 26,
2010, at about 1:10 a.m., to see Charles Finn, a manager at
Starvin' Marvin's. Reserve Officer Williams entered
the club through the front door. He and Finn then went
through the back door into an alley behind the club to
discuss business because it was loud inside the club. Finn
testified that he was asking Reserve Officer Williams to lead
the security team at Starvin' Marvin's. Both men
testified that the alley was not well lit.
After approximately four to 10 minutes, Reserve Officer
Williams heard shots coming from the parking lot. Reserve
Officer Williams testified that he heard three or four shots
at first, and then he heard another three to five shots.
Reserve Officer Williams then saw a man with a gun in his
hand running down the alley toward him and Finn. Reserve
Officer Williams, who was in full police uniform,
“yell[ed] out police.” According to Reserve
Officer Williams, the man paused and then Reserve Officer
Williams saw a muzzle flash, so he drew his firearm, yelled,
“Drop your gun, ” and returned fire with his .357
caliber Sig Sauer semi-automatic pistol. Reserve Officer
Williams fired approximately three to five shots, from low to
high. He believed that he hit the person he was shooting at
because the man spun around, which happens “sometimes
when you get shot[.]” The man was then was out of
sight. Reserve Officer Williams testified that he did not
shoot at the man again after he saw him spin around. Instead,
Reserve Officer Williams and Finn retreated back into the
Reserve Officer Williams later identified Glover as the
person he had seen running toward him. According to Reserve
Officer Williams, at the time of the incident, Glover had
been wearing a white T-shirt and jeans. Reserve Officer
Williams had two guns on him that day; in addition to his
.357, he also had a .40 caliber HKP 2000 SK semi-automatic
pistol, both of which he turned over to the police.
Starvin' Marvin's manager, Charles Finn, testified
that he also works security at Starvin' Marvin's. He
testified that the likelihood of someone entering the club
with a gun was slim because security personnel performed
pat-down searches on everyone entering the club, except
police officers with badges.
Michigan State Police Sergeant Reinhard Pope was qualified at
trial as an expert in firearms and tool mark identification.
In this case, Sergeant Pope initially received two firearms,
13 casings, and three fired bullets. Several days later, he
received an additional firearm. The third firearm was a .357
caliber Sig Sauer semi-automatic pistol. The parties
stipulated that this gun was taken from the yard or alley
near Starvin' Marvin's and was associated with
Glover. Sergeant Pope testified that six of the casings came
from one firearm, which the parties stipulated was Reserve
Officer Williams' weapon. Sergeant Pope testified that
the other seven casings came from the Sig Sauer associated
with Glover. He also identified one of the fired bullets as
having been fired from Reserve Officer Williams' weapon.
(The evidence tag number for this bullet-E38015904-was the
same evidence tag number for the bullet recovered from
Glover-E38015904.) Sergeant Pope identified one of the other
bullets, which was the one removed from Brown's body, as
having been fired from the firearm associated with Glover.
Sergeant Pope eliminated the remaining bullet, which was
damaged, from having been fired from Reserve Officer
Williams' firearm, but he could not identify or eliminate
it as having been fired from the firearm associated with
People v. Glover, No. 302412, 2012 WL 1415122, at
*1-3, 5 (Mich. Ct. App. Apr. 24, 2012).
conviction was affirmed on appeal. Id., lv. den. 493
Mich. 857, 820 N.W.2d 805 (2012).
filed a post-conviction motion for relief from judgment,
which was denied by the trial judge. People v.
Glover, No. 10-008104-FC (Wayne County Cir. Ct., Feb.
14, 2014). The Michigan appellate courts denied petitioner
leave to appeal. People v. Glover, No. 321705
(Mich.Ct.App. June 18, 2014); lv. den. 858 Mich. 46
seeks a writ of habeas corpus on the following grounds:
I. Verdicts of guilty upon insufficient evidence constituted
a denial of due process.
II. Sentences imposed violated constitutional guarantees
against cruel and/or unusual punishment.
III. The prosecutor's perfidious and odious
mischaracterization of critical evidence and statement
undermined the defendant's theory of self-defense,
depriving defendant of a defense and a fair trial.
IV. Defendant was denied his federal constitutional right to
have the effective assistance defense counsel pursuant to
U.S. Const AMS VI, XIV and Const 1963, Art 1, §§
17, 20 where defense counsel failed to or did not investigate
and or admit witnesses and other evidence ...