United States District Court, E.D. Michigan, Southern Division
ROBERT J. MCMAHON, Petitioner,
JODI DeANGELO-KIPP, Respondent.
OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS
CORPUS AND DENYING A CERTIFICATE OF APPEALABILITY
G. EDMUNDS UNITED STATES DISTRICT JUDGE
Robert McMahon, currently in the custody of the Michigan
Department of Corrections, filed a petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254. He
challenges his convictions for bank robbery, Mich. Comp. Laws
§ 750.531, and two counts of armed robbery, Mich. Comp.
Laws § 750.529, for which he is serving three concurrent
sentences of 126 months to 20 years' imprisonment. He
raises a single claim for relief: his Fifth Amendment right
to counsel was violated by the admission into evidence of his
statements to police made after he invoked his right to
counsel. For the reasons explained below, the Court denies
case arises from a robbery at the Genesis Credit Union in
Waterford Township on July 10, 2010. Caterri McCleery and
Jennifer Hanson were working as tellers that day. Caterri
McCleery testified that, at about 10:00 a.m., a man wearing a
black mask and sunglasses and carrying a gun entered the
bank. 10/25/10 Tr. at 34. The man approached McCleery's
teller window, told a customer standing at the window to
leave, threw a bag at McCleery and demanded she fill it with
money. Id. at 34-35. He also ordered all of the
other customers out of the bank. Id. at 35. McCleery
told him that she did not have any money because her teller
drawer was at the drive-through window. Id. at
35-36. He asked for her personal money. She told him that she
did not have very much, but that her purse was locked up by
the drive-through window. Id. at 41.
then took the bag away from McCleery and gave it to another
teller, Jennifer Hanson, telling her to give him money.
Id. at 36. He still had his gun in hand and showed
Hanson that he also had a box cutter. Id. at 38.
Hanson told the man that she did not have a cash drawer and
was using a cash dispenser unit, which was on a time lock.
Id. He then asked her for her personal money.
Id. Hanson told the man that she did not have her
purse with her. Id.
was enraged that no one in a bank seemed able to give him any
money. Id. at 39. McCleery told him that she could
get money from her cash drawer at the drive-through window.
Id. She walked to the window and put about $1, 700
in the bag. Id. The man then left the bank.
Hanson's testimony was consistent with McCleery's.
Hanson testified that the robber asked for personal money
from Hanson and McCleery, and that, ultimately, McCleery
retrieved cash from the drive-through window and gave it to
Giles was using a drive-through automatic teller machine at
the Genesis Credit Union at the time of the robbery. While
using the ATM, she became aware the credit union was being
robbed. Id. at 18-19. Giles saw a young man exit the
bank, carrying a bag and wearing a hoodie. Id. at
20. Giles followed the man in her vehicle. At the end of an
alley, she saw a red vehicle, but no man. She presumed he got
into the red vehicle and followed that vehicle. Id.
at 22-25. When she caught up to the vehicle, she saw the
driver was a female with a ponytail. She also saw that
someone was hunched down in the back seat. Id. at
27. Giles recorded the license plate number and provided it
to the police. Id. at 30.
Quarton testified that, on July 10, 2010, at approximately
10:30 a.m., Petitioner called him asking to be picked up.
Id. at 183. Petitioner told Quarton that he had
money with which to repay Quarton for a past debt.
Id. When Quarton picked up Petitioner, Petitioner
told Quarton that he had just robbed a bank and gave Quarton
$50. Id. at 184-85.
Police Department police officer Matt Reid testified that he
responded to the report of a robbery at the credit union.
After following leads related to the license plate number
reported by Giles, Officer Reid observed Petitioner walking
down a street in Waterford. Id. At 147-48. Officer
Reid handcuffed Petitioner and found a large amount of cash
in Petitioner's pocket. Id. at 148-150. The cash
totaled $1, 714. Id. at 150. Police learned that
Petitioner had been near a business called Michigan Court
Services. Police Officer Christopher Metikosh testified that
he looked in a dumpster near that business and found a knit
cap, hoodie, a pair of pants, and what appeared to be a
Beretta 9 mm handgun. Officer Metikosh testified that the gun
appeared real, although it was not.
detective Gregory Drumb testified that he interviewed
Petitioner after his arrest. He testified that, after
Petitioner was advised of his rights under Miranda,
Petitioner confessed to robbing the bank.
testified in his own defense. He admitted intending to rob
the bank, but denied demanding personal property from either
of the tellers. He theorized that McCleery and Hanson were
mistaken in their testimony because the day was so stressful
was convicted of bank robbery and two counts of armed
robbery. On November 24, 2010, he was sentenced to 126 months
to 20 years for each of his three convictions.
filed an appeal of right in the Michigan Court of Appeals,
raising four claims for relief, including the Fifth Amendment
claim raised in the pending habeas petition. The Michigan
Court of Appeals affirmed Petitioner's convictions.
People v. McMahon, No. 302037, 2012 WL 3020391
(Mich. Ct. App. July 24, 2012). The Michigan Supreme Court
denied leave to appeal, People v. McMahon, 493 Mich.
930 (Mich. Jan. 25, 2013), and denied reconsideration.
People v. McMahon, 494 Mich. 873 (Mich. June 25,
filed a motion for relief from judgment in the trial court,
raising claims unrelated to the claim raised in this
petition. The trial court denied the motion. See
12/12/2014 Order, People v. McMahon, No. 10-233010,
ECF No. 7-13. The Michigan Court of Appeals denied leave to
appeal, People v. McMahon, No. 327879 (Mich. Ct.
App. July 29, 2015), as did the Michigan Supreme Court.
People v. McMahon, 499 Mich. 927 (Mich. 2016).
Petitioner then filed this habeas corpus petition, raising a
single claim for relief:
The trial court violated McMahon's constitutional rights
by admitting his statements to police where they were
obtained in violation of his ...