United States District Court, W.D. Michigan, Southern Division
Paul L. Maloney, Judge.
REPORT AND RECOMMENDATION
Phillip J. Green, United States Magistrate Judge.
matter is before the Court on Hunter's petition for writ
of habeas corpus. In accordance with 28 U.S.C. § 636(b),
authorizing United States Magistrate Judges to submit
proposed findings of fact and recommendations for disposition
of prisoner petitions, the undersigned recommends that
Hunter's petition be denied.
early morning hours of January 25, 2009, David Hall was shot
and killed. As a result, Petitioner was charged with first
degree murder and possession of a firearm during the
commission of a felony. (ECF No. 12-16 at PageID.1117).
Several individuals testified at Petitioner's jury trial.
The relevant portions of their testimony are summarized
approximately 3:20 a.m. on January 25, 2009, Haines, a City
of Detroit police officer, was dispatched to the Tippin Inn.
(ECF No. 12-17 at PageID.1293-95). Upon arrival, Haines
observed a four-door Grand Prix automobile with bullet holes
in both driver's side doors. (ECF No. 12-17 at
PageID.1295-97). The area where this vehicle was located
“was well lit” by street lights. (ECF No. 12-17
at PageID.1297-1301). Haines discovered a surveillance camera
on the exterior of the bar and additional surveillance
cameras inside the bar. (ECF No. 12-17 at PageID.1297-98).
January 25, 2009, Gibson was assigned to the Detroit Police
Department Criminal Investigation Bureau as the leader of the
video forensics team. (ECF No. 12-17 at PageID.1318). On or
about this date, Gibson was dispatched to the Tippin Inn to
“extract video data” from the facility's
surveillance cameras. (ECF No. 12-17 at PageID.1318-31). When
he reviewed and edited the recovered video footage, Gibson
focused on a subject wearing a “hoodie and black
jacket, ” as such was consistent with the information
he had been provided regarding the incident. (ECF No. 12-17
at PageID.1332). Gibson later produced a series of still
photos from the video data he recovered. (ECF No. 12-17 at
PageID.1324-25). Several of these photos depicted David Hall
and another person being followed outside the Tippin Inn by
the subject in the hoodie and black jacket. (ECF No. 12-17 at
2008, Walker-Samuels gave birth to a daughter. (ECF No. 12-18
at PageID.1391-92). Unbeknownst to Walker-Samuel's
husband, David Hall was the father of this child. (ECF No.
12-18 at PageID.1391, 1394). At approximately 9:00 p.m. on
the evening of January 24, 2009, Hall and Walker-Samuels met
at a gas station. (ECF No. 12-18 at PageID.1391-94). Hall was
upset that he was unable to visit with his daughter, but
Walker-Samuels had not yet told her husband that he was not
the father of her child. (ECF No. 12-18 at PageID.1392-96).
Hall provided Walker-Samuels with items for their daughter,
after which the pair departed separately. (ECF No. 12-18 at
on the morning of January 25, 2009, Hall and Walker-Samuels
spoke on the telephone. (ECF No. 12-18 at PageID.1395-96).
Walker-Samuels asked Hall if he would “take care
of” her if she told her husband that Hall was the
father of her child. (ECF No. 12-18 at PageID.1395). Hall
responded, “yeah, I'm on my way.” (ECF No.
12-18 at PageID.1395). Shortly thereafter, Walker-Samuels was
informed that Hall had been killed. (ECF No. 12-18 at
January 25, 2009, Walker and David Hall were in a
relationship and lived together. (ECF No. 12-18 at
PageID.1438-39). On the evening of January 24, 2009, Walker
and Hall met with Melicia Walker-Samuels so that Hall could
deliver “the things he bought for the baby.” (ECF
No. 12-18 at PageID.1439-41). During this meeting, Hall and
Walker-Samuels “got into a little altercation.”
(ECF No. 12-18 at PageID.1440-41). Later that evening, Walker
and Hall went to the Tippin Inn. (ECF No. 12-18 at
PageID.1441-42). While there, Hall received a telephone call
from Melicia Walker-Samuels who informed Hall that “her
husband put her and the baby out.” (ECF No. 12-18 at
this telephone call, Walker and Hall exited the Tippin Inn
and began walking toward Walker's Grand Prix automobile.
(ECF No. 12-18 at PageID.1442). Before the pair could depart,
however, a man wearing “a yellow hoodie and a black
jacket” approached the pair and fired “two or
three” shots at Hall. (ECF No. 12-18 at
PageID.1443-44). Walker later selected Petitioner from a
photo array presented to her by the police. (ECF No. 12-19 at
PageID.1496). At trial, Walker identified Petitioner in
several of the photos Ronald Gibson produced, and also
directly identified Petitioner as the man who killed Hall.
(ECF No. 12-18 at PageID.1447-53).
January 25, 2009, Bowser, a City of Detroit Police Officer,
was dispatched to investigate David Hall's killing. (ECF
No. 12-19 at PageID.1503-04). As part of his investigation,
Bowser spoke with Patrice Walker who was “visibly
upset, ” but did not appear intoxicated. (ECF No. 12-19
and David Hall were step-brothers and grew up together. (ECF
No. 12-18 at PageID.1429). Smith had also known Petitioner
for more than 20 years. (ECF No. 12-18 at PageID.1429-31).
Smith was shown several of the still photos Ronald Gibson
produced from the Tippin Inn video footage. (ECF No. 12-18 at
PageID.1431). Smith identified Petitioner as the individual
in the photos wearing “a yellow hood and a black
jacket.” (ECF No. 12-18 at PageID.1431-32).
and Petitioner were “close friends.” (ECF No.
12-19 at PageID.1527). Turner was at the Tippin Inn when
David Hall was killed. (ECF No. 12-19 at PageID.1522-26).
Turner was shown portions of the video footage recovered by
Ronald Gibson, as well as several of the photos Gibson
created, and he was unable to identify Petitioner in any of
this material. (ECF No. 12-19 at PageID.1528-33). Turner
observed the person wearing the yellow hoodie in the
surveillance footage, but indicated that that person was not
Petitioner. (ECF No. 12-19 at PageID.1528-34).
and Petitioner are cousins. (ECF No. 12-19 at PageID.1579).
Between 1:00-1:30 a.m. on the morning of January 25, 2009,
Whitaker arrived at an “after hours” club where
she and Petitioner were then working. (ECF No. 12-19 at
PageID.1579-80). When Whitaker arrived at the club,
Petitioner was already there “to get everything started
to set up for the night.” (ECF No. 12-19 at
club was located 20-25 minutes from the Tippin Inn. (ECF No.
12-19 at PageID.1592-94). Whitaker and Petitioner remained at
this after-hours club “until the next morning.”
(ECF No. 12-19 at PageID.1581-82). Whitaker was shown several
of the photos Ronald Gibson produced from the Tippin Inn
video footage. (ECF No. 12-19 at PageID.1582). Whitaker
indicated that the person in the photos wearing the yellow
hoodie was not Petitioner. (ECF No. 12-19 at PageID.1582).
evening of January 24, 2009, Petitioner arrived at the Tippin
Inn between 9:00-9:30 p.m. and departed “between 11:30
and 12.” (ECF No. 12-20 at PageID.1607-08). During this
time, Petitioner did not see David Hall. (ECF No. 12-20 at
PageID.1611). After departing the Tippin Inn, Petitioner
picked up “some liquor supplies” and proceeded to
the after-hours club he operated, arriving at approximately
12:45 a.m. (ECF No. 12-20 at PageID.1608). Germeka Whitaker
arrived soon thereafter. (ECF No. 12-20 at PageID.1610).
Petitioner did not depart the after-hours club until 6:00 or
7:00 a.m. (ECF No. 12-20 at PageID.1608). Petitioner was
shown several of the photos Ronald Gibson produced from the
Tippin Inn video footage. (ECF No. 12-20 at PageID.1611-13).
Petitioner indicated that the person in the photos wearing
the yellow hoodie was not him, as he was wearing a wine
colored button-up shirt on the night in question. (ECF No.
12-20 at PageID.1611-14). Petitioner denied shooting David
Hall. (ECF No. 12-20 at PageID.1615).
the presentation of evidence,  the jury found Petitioner guilty
of first-degree murder and possession of a firearm during the
commission of a felony. (ECF No. 12-20 at PageID.1693-96).
Petitioner was sentenced to serve life in prison on the
murder conviction and a consecutive sentence of two years on
the firearm conviction. (ECF No. 12-21 at PageID.1703).
Petitioner appealed his conviction in the Michigan Court of
Appeals. The following claims were asserted by
I. Was it error for the trial court judge to deny the
Defendant-Appellant's requests that the jury receive the
entire text of M Crim JI 7.8, Identification, where the
evidence presented during his trial clearly supported the
request that the entire text of the instruction be given?
II. Did the insufficient evidence presented during the
Defendant-Appellant's trial on the element of identity,
to support the jury's verdict of guilty beyond a
reasonable doubt of one count each of first degree
premeditated murder and possession of a firearm in the
commission of a felony, constitute a denial of the due
process of law guaranteed by the Fifth Amendment to the
United [States] Constitution?
also submitted a pro per supplement in which he asserted the