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Greenwell v. Elo

Citation: 77 F. App'x 790Docket: No. 02-1820

Court: Court of Appeals for the Sixth Circuit; September 15, 2003; Federal Appellate Court

Narrative Opinion Summary

In this case, a Michigan prisoner, acting pro se, appealed the denial of his habeas corpus petition under 28 U.S.C. § 2254, following convictions for first-degree and second-degree criminal sexual conduct. The petitioner challenged the sufficiency of the evidence, admission of prior acts evidence, prosecutor's failure to disclose favorable evidence, ineffective assistance of trial counsel, and sentencing errors. The district court denied relief on these issues but granted a certificate of appealability for all but the sentencing claim. The appellate court upheld the denial, applying de novo review for legal conclusions and clear error review for factual determinations. It found that the evidence was sufficient under the Jackson v. Virginia standard, and the admission of prior acts evidence did not affect trial fairness. The claim of ineffective assistance of counsel was dismissed, as the decision not to present a videotape was a tactical choice. The court also rejected the due process claim about the videotape's non-disclosure, as the petitioner was aware of it but chose not to view it. The ruling affirmed the district court's judgment, denying the motion for videotape production, and sustaining the conviction and sentence.

Legal Issues Addressed

Admission of Prior Acts Evidence

Application: The court determined that any error in admitting prior acts evidence did not compromise the fairness of the trial.

Reasoning: Greenwell’s claim regarding 'other acts evidence' was deemed without merit, as any alleged error did not compromise the fairness of the trial.

Habeas Corpus under 28 U.S.C. § 2254

Application: The court applied de novo review for legal conclusions and clear error review for factual findings in denying the habeas corpus petition.

Reasoning: The review process for habeas corpus decisions under § 2254 entails de novo review of legal conclusions and clear error review of factual findings.

Ineffective Assistance of Counsel

Application: The court held that the petitioner failed to demonstrate ineffective assistance of counsel for not presenting the videotape.

Reasoning: Additionally, he failed to prove ineffective assistance of counsel for not presenting the videotape, given that it could have been detrimental to his defense.

Prosecutorial Disclosure Obligations

Application: The court rejected the due process claim regarding the prosecution's failure to play the videotape since the petitioner was aware of it and chose not to view it.

Reasoning: Greenwell's due process claim regarding the prosecution's failure to play the videotape was rejected, as he was aware of it during the trial and opted not to view it.

Sufficiency of Evidence in Criminal Convictions

Application: The court found that sufficient evidence supported the conviction for first-degree criminal sexual conduct, consistent with the standard set in Jackson v. Virginia.

Reasoning: Sufficient evidence supported Greenwell’s conviction for first-degree sexual conduct, as defined under Michigan law, which includes sexual penetration of a person under 13 years of age.