328 F. Supp. 3d 743
E.D. Mich.2018Background
- Matthews was convicted by a jury in Michigan of first-degree home invasion and felony-firearm based on a break-in where an Impala linked to him was found in the driveway, gloves with his DNA were recovered outside near burglary tools, items in the house were moved, and he was seen fleeing through the backyard and then apprehended nearby.
- The Michigan Court of Appeals affirmed the convictions; the Michigan Supreme Court denied leave.
- Matthews filed a federal habeas petition raising (1) insufficiency of evidence, (2) denial of counsel of choice, (3) denial of a Cobbs sentencing process, (4) prosecutorial misconduct, (5) defective jury instructions/ineffective trial counsel, (6) jury fair-cross-section/ineffective counsel, and (7) ineffective appellate counsel.
- The district court found the evidence insufficient to support first-degree home invasion and felony-firearm convictions because there was no proof Matthews possessed or knew of the firearm; but the evidence did support second-degree home invasion.
- Relief ordered: conditional writ vacating first-degree home invasion unless state converts the verdict to second-degree and re-sentences within 90 days; unconditional writ vacating the felony-firearm conviction; all other claims denied and COA denied for claims 2–7.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for first-degree home invasion and felony-firearm | Matthews: evidence did not show he possessed or knew of the firearm; convictions rested on speculation | State: DNA on gloves, vehicle linked to Matthews, eyewitness flight, moved items permit inference he aided/abetted and firearm possession was a natural and probable consequence | Court: Reversed as to first-degree home invasion and felony-firearm (insufficient evidence re: firearm); affirmed sufficiency for second-degree home invasion; directed state to enter judgment for lesser offense or release |
| Right to counsel of choice | Matthews: jail policy prevented interviews with desired attorneys, denying counsel of choice | State: no record evidence of policy; Matthews was represented by retained counsel and never sought substitution | Denied — no evidentiary basis or record showing deprivation |
| Denial of Cobbs sentencing opportunity | Matthews: Allegan judges refused Cobbs sentencing indications, denying equal protection of bargaining process | State: no evidence of such policy; no constitutional right to plea bargaining; Matthews rejected prosecutor’s plea offer | Denied — no evidence of policy and no constitutional right to plea bargain |
| Procedural default / ineffective appellate counsel as cause | Matthews: some claims first raised post-conviction; appellate counsel ineffective for not raising them on direct appeal | State: claims were procedurally defaulted under MCR 6.508(D)(3); appellate counsel need not raise every claim | Denied — state courts properly applied procedural default; Matthews failed to show cause (appellate counsel’s omissions were not shown to be objectively deficient or to involve a “dead‑bang winner”) |
Key Cases Cited
- Winship v. United States, 397 U.S. 358 (1970) (Due Process requires proof beyond a reasonable doubt of every element)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for reviewing sufficiency of evidence)
- Harrington v. Richter, 562 U.S. 86 (2011) (deference under AEDPA; "fairminded jurists" standard)
- Rutledge v. United States, 517 U.S. 292 (1996) (directing entry of judgment for lesser included offense in some reversals)
- Gonzalez-Lopez v. United States, 548 U.S. 140 (2006) (right to counsel of choice)
- Weatherford v. Bursey, 429 U.S. 545 (1977) (no constitutional right to plea bargain)
- Coleman v. Thompson, 501 U.S. 722 (1991) (procedural default and cause/prejudice framework)
- Schlup v. Delo, 513 U.S. 298 (1995) (actual innocence gateway to excuse procedural default)
- Jones v. Barnes, 463 U.S. 745 (1983) (no constitutional right to have appellate counsel raise every nonfrivolous issue)
- Wheat v. United States, 486 U.S. 153 (1988) (factors governing counsel selection and conflicts)