Beane 146846 v. Hoffner
1:15-cv-00057
| W.D. Mich. | Aug 3, 2017Background
- Beane was convicted of armed robbery under Mich. Comp. Laws § 750.529 and bank robbery under § 750.531 after a jury trial in Muskegon County.
- Sentenced to 24–45 years for armed robbery consecutive with 10–20 years for bank robbery in 2010.
- Petitioner raised three grounds in pro se federal habeas petition challenging trial-court conduct and due-process claims.
- State courts concluded his claims were procedurally defaulted or meritless on the merits.
- The district court applied AEDPA and denied relief, adopting a magistrate judge’s report recommending denial.
- The magistrate recommended denying the petition and a certificate of appealability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Self-representation right denial | Beane argued the court refused his request to represent himself | Court found no unequivocal waiver of counsel | Denied relief; no violation under Faretta/Kerstd? |
| Ineffective assistance of counsel | Counsel failed to challenge jury cross-section, failed to investigate, and abandoned him at co-defendant’s trial | Record showed reasonable strategy and no prejudice under Strickland | Denied; state court conclusions not contrary to federal law under AEDPA, 28 U.S.C. § 2254(d) |
| Sufficiency of the evidence | Armed robbery elements not met as to weapon claim | Evidence supported that petitioner claimed to have a bomb and thus threatened/acted violently | Denied; substantial evidence supported armed robbery conviction under Jackson v. Virginia |
Key Cases Cited
- Faretta v. California, 422 U.S. 806 (U.S. 1975) (right to self-representation when knowingly and intelligently waived counsel)
- McKaskle v. Wiggins, 465 U.S. 168 (U.S. 1984) (court may terminate self-representation for disruptive conduct; standby counsel allowed)
- Faretta; Martinez v. Ct. App. of Cal., 559 U.S. 314 (U.S. 2010) (contextual limits on self-representation; not an absolute right on appeal)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for assessing sufficiency of evidence in habeas cases)
- Nowack, 462 Mich. 392 (Mich. 2000) (sufficiency standard applied in Michigan for armed robbery; cited alongside Jackson)