Jennifer Galvan v. Anthony Stewart
705 F. App'x 392
| 6th Cir. | 2017Background
- Petitioner Jennifer Galvan and her husband Joe were convicted of first‑degree felony murder in Michigan for the death of Joe’s daughter/Jennifer’s step‑daughter, Prhaze, who died of blunt force head injuries amid long‑term abuse and starvation.
- Medical testimony showed multiple head and body injuries in varying stages of healing; experts rejected the bathtub‑fall explanation and estimated some injuries could have occurred hours before discovery.
- Multiple witnesses (family, friends, babysitters, co‑workers) described repeated physical abuse, withholding food, tying/gagging, forced cold showers and prolonged punishments; Petitioner made hostile statements about Prhaze.
- Petitioner testified she was at home much of the day, observed punishments (nose‑to‑wall, cold shower), left briefly to pick up other children, and later performed CPR; she denied inflicting or encouraging lethal force.
- Michigan Court of Appeals affirmed (split decision) that evidence was sufficient to support aiding/abetting felony murder (predicated on first‑degree child abuse or torture); district court denied habeas relief; Sixth Circuit reviewed under AEDPA deference and affirmed.
Issues
| Issue | Plaintiff's Argument (Galvan) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency of evidence for aiding/abetting felony murder | Insufficient proof she was present for or participated in the fatal assault; mens rea and actus reus not proved beyond reasonable doubt | Evidence of long‑term joint abuse, Petitioner’s presence that day, passive/silent support, prior statements and conduct show she aided/encouraged and intended great bodily harm | Affirms: under AEDPA and Jackson, evidence (circumstantial + witness testimony + Petitioner’s admissions) was sufficient for a reasonable jury to find aiding/abetting and requisite intent |
| Whether past abuse evidence was improperly considered | Past‑acts evidence should not sustain conviction | Past abuse was admissible as res gestae and showed a common scheme and relevance to the charged conduct | Court treated the past‑abuse evidence as properly considered; not an AEDPA basis for relief |
| Whether mere presence was enough to convict | Presence without active participation is insufficient (relying on some precedents) | Michigan law treats silent moral support and prior joint abuse as sufficient to constitute aiding/abetting | Held that mere presence + history + silence/support can satisfy aiding/abetting under Michigan law when combined with other proof |
| Application of Jackson v. Virginia standard under AEDPA | State court unreasonably applied Jackson by crediting weak circumstantial inferences | State court’s Jackson application was reasonable; deferential AEDPA review requires showing objective unreasonableness | Court held state decision not objectively unreasonable; habeas relief denied |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (establishes sufficiency‑of‑the‑evidence standard)
- Cavazos v. Smith, 565 U.S. 1 (2011) (habeas relief barred unless state‑court decision is objectively unreasonable)
- Harrington v. Richter, 562 U.S. 86 (2011) (deference to state court; ‘‘fairminded jurists could disagree’’ standard)
- Yarborough v. Alvarado, 541 U.S. 652 (2004) (limits on federal habeas review of state court decisions)
- Desert Palace, Inc. v. Costa, 539 U.S. 90 (2003) (circumstantial evidence given same weight as direct evidence)
- Marshall v. Lonberger, 459 U.S. 422 (1983) (federal courts must not reweigh witness credibility on appeal)
- People v. Carines, 597 N.W.2d 130 (Mich. 1999) (Michigan standards for aiding and abetting)
- People v. Smith, 733 N.W.2d 351 (Mich. 2007) (elements of felony murder under Michigan law)