Blackmon v. Booker
762 F. Supp. 2d 1031
E.D. Mich.2010Background
- Roy Blackmon was convicted in Wayne County in 1999 of second-degree murder, two counts of assault with intent to do great bodily harm, and felony firearm.
- The convictions stem from a 1998 Detroit shooting; eyewitness identifications linked Blackmon to the shooter, with conflicting identification testimony.
- Evidence at trial included gang-related testimony and arguments tying Blackmon to the Schoolcraft Boys, a local gang.
- The prosecutor repeatedly referenced gang affiliation and witness fear during trial and closing, suggesting motive and intimidation.
- The Michigan courts on direct and collateral review found the gang evidence erroneous under state law but disagreed on whether it violated federal due process or was harmless.
- The federal district court on habeas review found the gang-evidence admission and the prosecutor’s conduct violated due process and granted relief, conditioning relief on retrial or release.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether gang affiliation evidence violated due process | Blackmon argues admission was unconstitutional and unfairly prejudicial. | Booker argues state-law evidentiary ruling and harmless-error standard apply; no federal due-process violation. | Gang evidence admission violated due process |
| Whether prosecutorial misconduct deprived Petitioner of a fair trial | Repeated gang references and improper comments tainted proceedings. | Prosecutor's conduct did not rise to constitutional error under standards. | Prosecutorial misconduct violated due process |
Key Cases Cited
- Estelle v. McGuire, 502 U.S. 62 (U.S. 1991) (state evidentiary errors generally not federal unless denial of due process)
- Bugh v. Mitchell, 329 F.3d 496 (6th Cir. 2003) (egregious evidentiary error may violate due process)
- Clemmons v. Sowders, 34 F.3d 352 (6th Cir. 1994) (due process limits on evidentiary rulings)
- United States v. Abel, 469 U.S. 45 (U.S. 1984) (gang bias may be probative of witness bias)
- Donnelly v. DeChristoforo, 416 U.S. 637 (U.S. 1974) (prosecutorial misconduct standard for due process)
- Macias v. Makowski, 291 F.3d 447 (6th Cir. 2002) (two-part test for prosecutorial misconduct; context matters)