941 F.3d 838
6th Cir.2019Background:
- Thomas Richardson was convicted of first-degree murder for his wife Juanita’s death after she fell from a cliff at Pictured Rocks; medical findings were equivocal and much of the case relied on circumstantial evidence and Richardson’s inconsistent statements.
- Prosecution presented evidence of marital discord, threats, post-death romantic pursuits, statements to cellmates, and witness testimony (including Tammy Sian, who described a post-death sexual relationship discovered after police used a GPS device).
- At trial the prosecutor made multiple provocative remarks (9/11 analogy, references to notorious murders, religious and character-based comments, an insult calling a defense expert a “defense whore,” and other editorializing); defense objected at times and the court instructed the jury on impartiality.
- Richardson’s convictions were affirmed by Michigan appellate courts and the Michigan Supreme Court; he filed a federal habeas petition under 28 U.S.C. § 2254 raising multiple claims including prosecutorial misconduct and ineffective assistance for failing to challenge Tammy Sian’s testimony as the product of an illegal warrantless GPS search.
- The district court denied habeas relief but granted a COA on prosecutorial misconduct; this Court expanded the COA to include whether trial/appellate counsel were ineffective for not arguing Sian’s testimony was obtained via an illegal, warrantless search.
- Sixth Circuit affirmed denial of habeas relief: although the prosecutor’s conduct was frequently improper and condemned by the panel, the state court’s rejection of Richardson’s claims was not objectively unreasonable under AEDPA; counsel’s failure to raise the Fourth Amendment challenge was not shown to be deficient or prejudicial under Strickland/Kimmelman.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutorial misconduct (general) | Prosecutor’s repeated improper comments and editorializing denied a fair trial. | Remarks were limited/contextual; jury instructions and overwhelming evidence cured any prejudice. | No due-process violation; state court rejection not objectively unreasonable. |
| Use of 9/11 and notorious-case analogies | Provocative comparisons improperly inflamed jurors and suggested guilt. | Analogies were used to explain circumstantial evidence during voir dire/closing; not pervasive. | Remarks imprudent but not so prejudicial to violate Darden. |
| Character/religion/denigration of defense (including “defense whore”) | Improper character attacks and insults unfairly biased the jury. | Evidence of character, affairs, and religious motive was admissible and comments were responsive; trial court cured with instruction and admonition. | Language condemned, but cumulative effect insufficient to show unfair trial. |
| Ineffective assistance for failing to challenge Tammy Sian testimony as product of warrantless GPS search | Trial/appellate counsel should have argued Sian was obtained via illegal GPS tracking; suppression would have materially changed outcome. | Jones (GPS search rule) post-dated trial; counsel’s failure was not shown to be deficient or prejudicial under Strickland/Kimmelman; other corroborating evidence existed. | Counsel not ineffective under AEDPA/Strickland/Kimmelman; no reasonable probability verdict would differ without Sian’s testimony. |
Key Cases Cited
- Darden v. Wainwright, 477 U.S. 168 (prosecutorial misconduct reversible only if comments "so infected the trial with unfairness" to deny due process)
- Strickland v. Washington, 466 U.S. 668 (two-part test for ineffective assistance of counsel)
- Kimmelman v. Morrison, 477 U.S. 365 (when counsel fails to litigate a Fourth Amendment claim, defendant must show the Fourth Amendment claim was meritorious and prejudicial)
- Stone v. Powell, 428 U.S. 465 (limits federal habeas review of Fourth Amendment claims where state courts provided full and fair litigation)
- Chapman v. California, 386 U.S. 18 (standard for harmless constitutional error)
- United States v. Jones, 565 U.S. 400 (installation and use of a GPS device on a vehicle is a Fourth Amendment search)
- Harrington v. Richter, 562 U.S. 86 (AEDPA deference; state-court error must be objectively unreasonable)
- Miller-El v. Cockrell, 537 U.S. 322 (state-court factual findings presumed correct absent clear and convincing evidence)
- Coleman v. Thompson, 501 U.S. 722 (procedural default bars federal habeas absent cause and prejudice or miscarriage of justice)