Federal habeas relief is available when the cumulative effect of state evidentiary errors denies a defendant due process by producing a fundamentally unfair trial.
A state prisoner convicted of murder seeks federal habeas relief, arguing that the trial court’s admission of a police officer’s opinion testimony and an informant’s credibility bolstering rendered the trial fundamentally unfair. The court addresses whether federal courts may review state evidentiary rulings in habeas proceedings. The court applies the rule that while state evidentiary errors are generally not reviewed, federal relief is granted when such errors cumulatively deny the defendant due process by producing a fundamentally unfair trial. Finding that the officer’s testimony invaded the jury’s province and the informant’s testimony was improperly admitted, the court holds that the cumulative effect of these errors violated the petitioner’s constitutional rights, resulting in the reversal of the denial of the writ.
At page 286 Review of evidence admissibility and state law errors149 citing cases“errors in the application of state law, especially rulings regarding the admission or exclusion of evidence, are usually not to be questioned in a federal habeas corpus proceeding.”
- Hammond v. Mazza, No. 3:20-cv-00751 (W.D. Ky. May 22, 2023).([E]rrors in the application of state law, especially rulings regarding the admission or exclusion of evidence, are usually not to be questioned in a federal habeas corpus proceeding.)
- Jenkins, No. 3:16-cv-01064 (N.D. Ohio Sept. 22, 2026).And they “do not pass upon ‘errors in the application of state law, especially rulings regarding the admission or exclusion of evidence.’” Coleman v. Mitchell, 244 F.3d 533, 542 (6th Cir. 2001) (quoting Cooper v. Sowders, 837 F.2d 284, 286…
- Stein, No. 2:16-cv-13087 (E.D. Mich. June 24, 2026).“Absent proof of a violation of a specific constitutional protection, a habeas petitioner must show that a trial error was so egregious as to deprive him of a fundamentally fair adjudication, thus violating constitutional principles of due…
- Thompson Bullock v. Black, No. 5:24-cv-01379 (N.D. Ohio Oct. 9, 2025).McAdoo v. Elo, 365 F.3d 487, 494 (6th Cir. 2004); Cooper v. Sowders, 837 F.2d 284, 286 (6th Cir. 1988).
- Lowrey v. Nagy, No. 5:23-cv-12655 (E.D. Mich. Oct. 3, 2025).Seymour v. Walker, 224 F.3d 542, 552 (6th Cir. 2000) (quoting Cooper v. Sowders, 837 F.2d 284, 286 (6th Cir. 1998)).
- Messenger v. Warden, Noble Corr. Inst., No. 2:24-cv-01176 (S.D. Ohio May 14, 2025).Moreover, such rulings "are usually not to be questioned in a federal habeas corpus proceeding." Seymour v. Walker, 224 F.3d 542, 552 (6th Cir. 2000) (quoting Cooper v. Sowders, 837 F.2d 284, 286 (6th Cir.1988)).
- Carver v. Warden, Mansfield Corr. Inst., No. 1:24-cv-00072 (S.D. Ohio May 5, 2025). Moreover, such rulings "are usually not to be questioned in a federal habeas corpus proceeding." Seymour v. Walker, 224 F.3d 542, 552 (6th Cir. 2000) (quoting Cooper v. Sowders, 837 F.2d 284, 286 (6th Cir.1988)).
- Spencer v. Genovese, No. 2:19-cv-02825 (W.D. Tenn. Feb. 27, 2025).Moreover, such rulings “are usually not to be questioned in a federal habeas corpus proceeding.” Seymour v. Walker, 224 F.3d 542, 552 (6th Cir. 2000) (quoting Cooper v. Sowders, 837 F.2d 284, 286 (6th Cir. 1988); see Walker v. Engle, 703 F…
- Hawkins III v. Se. Corr. Inst., No. 2:23-cv-01254 (S.D. Ohio Oct. 31, 2024).Hawkins alleges in his federal habeas petition that the trial court’s decision to permit the prosecutor to re-question Gill for proper authentication of the Facebook records infringed on his due process rights. “[E]rrors in the application…
- Beall v. Warden, Lebanon Corr. Inst., No. 3:22-cv-00212 (S.D. Ohio Oct. 3, 2024).(Id. at PageID #2138-2140). “[E]rrors in the application of state law, especially rulings regarding the admission or exclusion of evidence, are usually not to be questioned in a federal habeas corpus proceeding.” Cooper v. Sowders, 837 F.2…
Show 138 more citing cases
- Taylor 408375 v. Huss, No. 1:20-cv-01233 (W.D. Mich. Sept. 12, 2024).“Absent proof of a violation of a specific constitutional protection, a habeas petitioner must show that a trial error was so egregious as to deprive him of a fundamentally fair adjudication, thus violating constitutional principles of due…
- Davis v. Burgess, No. 2:23-cv-11532 (E.D. Mich. Aug. 28, 2024).Seymour v. Walker, 224 F.3d 542, 552 (6th Cir. 2000) (quoting Cooper v. Sowders, 837 F.2d 284, 286 (6th Cir. 1988)).
- Nurein v. Warden, Noble Corr. Inst., No. 2:23-cv-03936 (S.D. Ohio Mar. 8, 2024).Moreover, such rulings "are usually not to be questioned in a federal habeas corpus proceeding." Seymour v. Walker, 224 F.3d 542, 552 (6th Cir. 2000) (quoting Cooper v. Sowders, 837 F.2d 284, 286 (6th Cir.1988)).
- Head v. Winn, No. 2:19-cv-10768 (E.D. Mich. Sept. 28, 2022).Cooper v. Sowders, 837 F.2d 284, 286 (6th Cir. 1988).
- Carter v. Vashaw, 627 F. Supp. 3d 853 (E.D. Mich. 2022).publishedCooper v. Sowders, 837 F.2d 284, 288 (6th Cir. 1988).
- Jackson v. Taskila, No. 5:17-cv-10906 (E.D. Mich. May 4, 2022).McGuire, 502 U.S. at 68 . “[E]rrors in the application of state law, especially rulings regarding the admissibility of evidence, are usually not to be questioned in a federal habeas corpus proceeding.” Seymour v. Walker, 224 F.3d 542, 552…
- Montaldi v. MacLaren, No. 2:15-cv-12452 (E.D. Mich. Mar. 17, 2022). Cooper v. Sowders, 837 F.2d 284, 286 (6th Cir. 1988). "[S]tates have wide latitude with regard to evidentiary matters under the Due Process Clause," Wilson v. Sheldon, 874 F.3d 470, 476 (6th Cir. 2017), and "to the extent that any testimon…
- Barton v. Warden, Orient Corr. Inst., No. 2:20-cv-06278 (S.D. Ohio Oct. 14, 2021).Barton acknowledges these principles but asserts his is just such a case: “Federal habeas corpus relief is only warranted where a violation of a state's evidentiary rule results in the denial of fundamental fairness, and therefore, a viola…
- Davis v. Warden, No. 2:17-cv-13378 (E.D. Mich. Sept. 30, 2021).Federal habeas courts usually do not question state-court rulings on the admission of evidence under state law, Cooper v. Sowders, 837 F.2d 284, 286 (6th Cir. 1988), and the contention that the state court violated Michigan’s Rules of Evid…
- Redus v. McCullick, No. 2:18-cv-11864 (E.D. Mich. Aug. 18, 2021).Cooper v. Sowders, 837 F.2d 284, 286 (6th Cir. 1988).
- Lesears v. Gidley, No. 2:14-cv-14365 (E.D. Mich. July 30, 2021).Federal habeas courts usually do not question state-court rulings on the admission of evidence under state law, Cooper v. Sowders, 837 F.2d 284, 286 (6th Cir. 1988), and the contention that the state court violated Michigan’s Rules of Evid…
- Tassone v. Gill, No. 2:20-cv-05234 (S.D. Ohio July 1, 2021).Cooper v. Sowders, 837 F.2d 284, 286 (6th Cir. 1988).
- Smith v. Warden Warren Corr. Inst., No. 3:20-cv-00519 (S.D. Ohio Feb. 1, 2021).Moreover, such rulings "are usually not to be questioned in a federal habeas corpus proceeding." Seymour v. Walker, 224 F.3d 542, 552 (6th Cir. 2000) (quoting Cooper v. Sowders, 837 F.2d 284, 286 (6th Cir.1988)).
- Chapman Howe v. Olson, No. 2:16-cv-11661 (E.D. Mich. Sept. 28, 2020).Cooper v. Sowders, 837 F.2d 284, 286 (6th Cir. 1988).
- Morgan v. Warden, Dayton Corr. Inst., No. 1:19-cv-00093 (S.D. Ohio Mar. 24, 2020). Moreover, such rulings "are usually not to be questioned in a federal habeas corpus proceeding." Seymour v. Walker, 224 F.3d 542, 552 (6th Cir. 2000) (quoting Cooper v. Sowders, 837 F.2d 284, 286 (6th Cir.1988)).
- Larkins v. Warden, Belmont Corr. Inst., No. 2:19-cv-00421 (S.D. Ohio Jan. 6, 2020).Cooper v. Sowders, 837 F.2d 284, 286 (6th Cir. 1988).
- Owens v. Perry, No. 1:17-cv-00105 (M.D. Tenn. Nov. 22, 2019).Bugh v. Mitchell, 329 F.3d 496, 512 (6th Cir. 2003) (“When an evidentiary ruling is so egregious that it results in a denial of fundamental fairness, it may violate due process and thus warrant habeas relief.”); Cooper v. Sowders, 837 F.2d…
- Vance v. Warden, Noble Corr. Inst., No. 2:19-cv-00687 (S.D. Ohio Nov. 7, 2019).Cooper v. Sowders, 837 F.2d 284, 286 (6th Cir. 1988).
- W.Y.N.N. v. Campbell, No. 2:17-cv-10204 (E.D. Mich. Nov. 5, 2019).Cooper v. Sowders, 837 F.2d 284, 286 (6th Cir. 1988). "[S]tate courts are the ultimate expositors of state law," and federal courts generally are bound by their constructions of state law.
- Craige v. Burt, No. 2:18-cv-12154 (E.D. Mich. Sept. 19, 2019).State-court rulings on the admission of evidence under state law usually are not questioned in a federal habeas corpus proceeding, Cooper v. Sowders, 837 F.2d 284, 286 (6th Cir. 1988), because “federal habeas corpus relief does not lie for…
- Butcher v. Harris, No. 2:19-cv-00273 (S.D. Ohio Aug. 15, 2019).Cooper v. Sowders, 837 F.2d 284, 286 (6th Cir. 1988).
- Robert Wilson v. Edward Sheldon, 874 F.3d 470 (6th Cir. 2017).publishedMoreover, such rulings “are usually not to be questioned in a federal habeas corpus proceeding.” Seymour v. Walker, 224 F.3d 542, 552 (6th Cir. 2000) (quoting Cooper v. Sowders, 837 F.2d 284, 286 (6th Cir.1988)).
- Bachynski v. Warren, 96 F. Supp. 3d 680 (E.D. Mich. 2015).publishedSeymour v. Walker, 224 F.3d 542, 552 (6th Cir.2000) (quoting Cooper v. Sowders, 837 F.2d 284, 286 (6th Cir.1988)).
- Paris v. Rivard, 105 F. Supp. 3d 701 (E.D. Mich. 2015).publishedSeymour v. Walker, 224 F.3d 542, 552 (6th Cir.2000) (quoting Cooper v. Sowders, 837 F.2d 284, 286 (6th Cir.1988)).
- Dhaity v. Warden, 5 F. Supp. 3d 215 (D. Conn. 2014).publishedFurthermore, even if, assuming arguendo, the trial court had erred by issuing the jury charge, “[e]rrors in the application of state law, especially rulings regarding the admission or exclusion of evidence, are usually not to be questioned…
- Randy Dillon v. Warden, Ross Corr. Inst., 541 F. App'x 599 (6th Cir. 2013).unpublishedErrors in application of state law, especially evidentiary rulings, are usually not to be questioned in federal habeas proceedings, but “where the vi *605 olation of a state’s evidentiary rule has resulted in the denial of fundamental fair…
- Gonzales v. Thaler, 643 F.3d 425 (5th Cir. 2011).published(due process violated by cumulative effect of trial judge’s incorrectly stating that police officer was an expert witness, allowing the officer to give opinion on defendant’s guilt, and allowing police informant to bolst…)
- Landrum v. Mitchell, 625 F.3d 905 (6th Cir. 2010).publishedAs we held in Powell v. Collins, “[a]bsent proof of a violation of a specific constitutional protection, a habeas petitioner must show that a trial error was so egregious as to deprive him of a fundamentally fair adjudication, thus violati…
- Sutton v. Bell, 683 F. Supp. 2d 640 (E.D. Tenn. 2010).publishedThe prosecutor explained: And I think the record is clear that was through no fault of the State, that the witness himself didn’t know about the basis of their objection or the fact that he had received any information from them at the tim…
- Spence v. Sheets, 675 F. Supp. 2d 792 (S.D. Ohio 2009).publishedCooper v. Sowders, 837 F.2d 284, 286 (6th Cir.1988).
- Mark Ryder v. Phillip Kerns, 335 F. App'x 529 (6th Cir. 2009).unpublishedA writ of habeas corpus may issue to correct an error which results “in the denial of fundamental fairness, thereby violating due process.” Clemmons v. Sowders, 34 F.3d 352, 356 (6th Cir.1994)(quoting Cooper v. Sowders, 837 F.2d 284, 286 (…
- Waldron v. Voorhies, 626 F. Supp. 2d 739 (N.D. Ohio 2009).publishedCooper v. Sowders, 837 F.2d 284, 286 (6th Cir.1988); see also Walker v. Engle, 703 F.2d 959, 962 (6th Cir.1983).
- Allen v. Howes, 599 F. Supp. 2d 857 (E.D. Mich. 2009).publishedThe Court of Appeals for the Sixth Circuit has explained that “[ejrrors in the application of state law, especially rulings regarding the admission or exclusion of evidence, are usually not to be questioned in a federal habeas corpus proce…
- Wynne v. Renico, 595 F. Supp. 2d 775 (E.D. Mich. 2009).publishedThe Court of Appeals for the Sixth Circuit has explained that “[ejrrors in the application of state law, especially rulings regarding the admission or exclusion of evidence, are usually not to be questioned in a federal habeas corpus proce…
- Miller v. Stovall, 573 F. Supp. 2d 964 (E.D. Mich. 2008).published Coleman v. Mitchell, 244 F.3d 533, 542-543 (6th Cir.2001); Cooper v. Sowders, 837 F.2d 284, 286 (6th Cir.1988).
- Gregory Houston v. Dale Foltz, 850 F.2d 692 (6th Cir. 1988).unpublished
- Merton Bond v. Warden, Luther Luckett Corr. Complex, 883 F.2d 74 (6th Cir. 1989).unpublished
- Aaron Eric West v. Al C. Parke, 884 F.2d 581 (6th Cir. 1989).unpublished
- Clarence Allen Crosby v. Arthur Tate, Jr., Supt., 887 F.2d 1086 (6th Cir. 1989).unpublished
- Ronald I. Quimby v. Norris W. McMackin Supt., 890 F.2d 416 (6th Cir. 1989).unpublished
- Fred D. Johnson v. David L. Baker, 898 F.2d 154 (6th Cir. 1990).unpublished
- William E. Whitmer v. Harry K. Russell, Supt., 898 F.2d 155 (6th Cir. 1990).unpublished
- Raymond Mango v. Harry K. Russell, 902 F.2d 33 (6th Cir. 1990).unpublished
- David L. Grasty v. Denise M. Quarles, 902 F.2d 1568 (6th Cir. 1990).unpublished
- Harry Bout v. Michigan Dep't of Corr., 915 F.2d 1570 (6th Cir. 1990).unpublished
- Sandra Baker Waters v. Betty Kassulke, 916 F.2d 329 (6th Cir. 1990).published
- Romall H. Smith v. Eric C. Dahlberg, 924 F.2d 1059 (6th Cir. 1991).unpublished
- Donovan Brown v. Arnold R. Jago, 931 F.2d 56 (6th Cir. 1991).unpublished
- Dean Vincent v. Al Parke, 942 F.2d 989 (6th Cir. 1991).published
- Bashirahmed M. Ameji v. Frederic J. Cowan, 943 F.2d 51 (6th Cir. 1991).unpublished
- Eddie J. Lloyd v. Henry Grayson, 947 F.2d 945 (6th Cir. 1991).unpublished
- James Kimble v. Norris McMackin, 948 F.2d 1289 (6th Cir. 1991).unpublished
- Rolan Hazel Hopkins v. Warden of the State Prison of S. Michigan Dir. of the Michigan Dep't of Corr., 956 F.2d 269 (6th Cir. 1992).unpublished
- Jimmy D. Gray v. Michael O'dea, 960 F.2d 149 (6th Cir. 1992).unpublished
- Benjamin Len Bullock v. Ray Toombs, 960 F.2d 149 (6th Cir. 1992).unpublished
- Theodore Cantrell v. Carole J. Shiplevy, Supt., 972 F.2d 346 (6th Cir. 1992).unpublished
- James T. Kiles, Jr. v. Martin Makel, 974 F.2d 1338 (6th Cir. 1992).unpublished
- John Friedrich v. Walter Echols, 976 F.2d 733 (6th Cir. 1992).unpublished
- Charles Edward Brown, Sr. v. Michael O'dea, 977 F.2d 580 (6th Cir. 1992).unpublished
- Ermas William Thomas v. Al C. Parke, 977 F.2d 583 (6th Cir. 1992).unpublished
- William Ray Webb v. Donald Stewart, 985 F.2d 562 (6th Cir. 1993).unpublished
- William French Smith v. William H. Dallman, Supt., 986 F.2d 1422 (6th Cir. 1993).unpublished
- Steve Allen v. Jack Littlefield, 991 F.2d 794 (6th Cir. 1993).unpublished
- William H. Garrett, Sr. v. Al C. Parke, 7 F.3d 233 (6th Cir. 1993).unpublished
- United States v. Alex M. Cunningham, 7 F.3d 235 (6th Cir. 1993).unpublished
- Samuel Lamar Jackson v. H. Gary Wells, 9 F.3d 108 (6th Cir. 1993).unpublished
- Jack Petrey v. William Dallman, Supt., 9 F.3d 109 (6th Cir. 1993).unpublished
- George L. Martin v. Phil Parker, 11 F.3d 613 (6th Cir. 1994).published
- Larry D. Cheatham v. Joseph P. Hosey, 12 F.3d 211 (6th Cir. 1993).unpublished
- Bobby Stearling Conn v. H. Gary Wells, 16 F.3d 1218 (6th Cir. 1994).published
- Patricia Ware v. Joanne Yukins, 19 F.3d 1435 (6th Cir. 1994).unpublished
- Kenneth Clemmons v. Dewey Sowders, 34 F.3d 352 (6th Cir. 1994).published
- Eugene Emmanuel Bates v. Walt Chapleau, 37 F.3d 1498 (6th Cir. 1994).published
- James L. Dean v. Dennis Baker, 38 F.3d 1215 (6th Cir. 1994).published
- Kelly Watts, Sr. v. Walt Chapleau, 38 F.3d 1217 (6th Cir. 1994).published
- Anthony Craig Bethea v. Joseph Abramajtys, 41 F.3d 1506 (6th Cir. 1994).unpublished
- Jerry Allen Moneymaker v. Walter Chapleau, 42 F.3d 1389 (6th Cir. 1994).unpublished
- Warner Wilcox v. John Littlefield, 48 F.3d 1220 (6th Cir. 1995).published
- Michael Arnett Terrell v. David L. Trippett, 51 F.3d 273 (6th Cir. 1995).unpublished
- John MacKenzie Taylor v. Robert E. Lecureux, 54 F.3d 777 (6th Cir. 1995).published
- Douglas William Hanna v. John Jabe, 66 F.3d 326 (6th Cir. 1995).unpublished
- Carlton Lee Harrelson v. David Trippett, 67 F.3d 299 (6th Cir. 1995).unpublished
- Steven B. McKinnon v. State of Ohio, 67 F.3d 300 (6th Cir. 1995).unpublished
- Jesse Moore v. Howard Carlton, 76 F.3d 379 (6th Cir. 1996).unpublished
- Walter E. Anthony v. John Jabe, 82 F.3d 417 (6th Cir. 1996).unpublished
- Darryl Corn v. Emmitt L. Sparkman, 97 F.3d 1451 (6th Cir. 1996).unpublished
- Terrance Drake v. Superintendent, Trumbull Corr. Inst., 106 F.3d 400 (6th Cir. 1997).unpublished
- Golden Barnett v. Phil Parker, 107 F.3d 870 (6th Cir. 1997).unpublished
- Russel William Burket v. Ronald Angelone, 208 F.3d 172 (4th Cir. 2000).published
- Beverly A. Seymour v. Diane Walker, 224 F.3d 542 (6th Cir. 2000).published
- Alton Coleman v. Betty Mitchell, 244 F.3d 533 (6th Cir. 2001).published
- Henry C. Miller v. Rod Francis, 269 F.3d 609 (6th Cir. 2001).published
- Richard Bugh v. Betty Mitchell, 329 F.3d 496 (6th Cir. 2003).published
- Tony M. Powell v. Terry Collins, 332 F.3d 376 (6th Cir. 2003).published
- Tolliver v. Sheets, 530 F. Supp. 2d 957 (S.D. Ohio 2008).published
- Cooey v. Anderson, 988 F. Supp. 1066 (N.D. Ohio 1997).published
- Brown v. Berghuis, 638 F. Supp. 2d 795 (E.D. Mich. 2009).published
- Hodges v. Bell, 548 F. Supp. 2d 485 (M.D. Tenn. 2008).published
- Matthews v. Simpson, 603 F. Supp. 2d 960 (W.D. Ky. 2009).published
- Tourlakis v. Morris, 738 F. Supp. 1128 (S.D. Ohio 1990).published
- Kelly v. Withrow, 822 F. Supp. 416 (W.D. Mich. 1993).published
- Jones v. Smith, 244 F. Supp. 2d 801 (E.D. Mich. 2003).published
- Slaughter v. Parker, 187 F. Supp. 2d 755 (W.D. Ky. 2001).published
- Alder v. Burt, 240 F. Supp. 2d 651 (E.D. Mich. 2003).published
- Lemaster v. Ohio, 119 F. Supp. 2d 754 (S.D. Ohio 2000).published
- Puertas v. Overton, 342 F. Supp. 2d 649 (E.D. Mich. 2004).published
- Wynne v. Renico, 279 F. Supp. 2d 866 (E.D. Mich. 2003).published
- Mitzel v. Tate, 59 F. Supp. 2d 705 (N.D. Ohio 1999).published
- Hence v. Smith, 37 F. Supp. 2d 970 (E.D. Mich. 1999).published
- Friday v. Straub, 175 F. Supp. 2d 933 (E.D. Mich. 2001).published
- Regan v. Hoffner, 209 F. Supp. 2d 703 (E.D. Mich. 2002).published
- Sanborn v. Parker, 289 F. Supp. 2d 818 (W.D. Ky. 2003).published
- Sanborn v. Parker, 289 F. Supp. 2d 828 (W.D. Ky. 2003).published
- Williams v. Withrow, 328 F. Supp. 2d 735 (E.D. Mich. 2004).published
- Coy v. Renico, 414 F. Supp. 2d 744 (E.D. Mich. 2006).published
- Aldrich v. Bock, 327 F. Supp. 2d 743 (E.D. Mich. 2004).published
- Burton v. Bock, 320 F. Supp. 2d 582 (E.D. Mich. 2004).published
- Stojetz v. Ishee, 389 F. Supp. 2d 858 (S.D. Ohio 2005).published
- Davie v. Mitchell, 291 F. Supp. 2d 573 (N.D. Ohio 2003).published
- Matthews v. Abramajtys, 92 F. Supp. 2d 615 (E.D. Mich. 2000).published
- Kowalak v. Scutt, 712 F. Supp. 2d 657 (E.D. Mich. 2010).published
- Burket v. Angelone, No. 99-7 (4th Cir. Mar. 27, 2000).published
- Seymour v. Walker, No. 98-4316 (6th Cir. Aug. 16, 2000).published
- Coleman v. Mitchell, No. 98-3546 (6th Cir. Mar. 26, 2001).published
- Puertas v. Overton, 168 F. App'x 689 (6th Cir. 2006).unpublished
- Andrews v. Stegall, 11 F. App'x 394 (6th Cir. 2001).unpublished
- Love v. Carter, 49 F. App'x 6 (6th Cir. 2002).unpublished
- Baker v. Barrett, 16 F. Supp. 3d 815 (E.D. Mich. 2014).published
- Galloway v. Howes, 77 F. App'x 304 (6th Cir. 2003).unpublished
- Lakin v. Stine, 80 F. App'x 368 (6th Cir. 2003).unpublished
- Flood v. Phillips, 90 F. App'x 108 (6th Cir. 2004).unpublished
- Coburn v. Howes, 100 F. App'x 328 (6th Cir. 2004).unpublished
- Houghtaling v. Jackson, No. 3:20-cv-12969 (E.D. Mich. Mar. 7, 2022).
- Hollins v. Smith, No. 1:21-cv-02338 (N.D. Ohio Dec. 12, 2023).
- King v. Winn, No. 4:16-cv-13524 (E.D. Mich. Oct. 24, 2019).
- Simpson v. Barrett, No. 2:16-cv-13909 (E.D. Mich. Apr. 5, 2022).
- Sanders v. Taskila, No. 2:19-cv-11018, 2023 WL 1477632 (E.D. Mich. Feb. 2, 2023).
- Roche v. Brown, No. 2:19-cv-11090 (E.D. Mich. Aug. 28, 2023).
At page 287 Admitting police opinion testimony influencing jury's guilt determination14 citing cases“the opinion-testimony had a direct influence on the jury's consideration of petitioner's guilt or innocence.”
- Cavanta McLilly v. Noah Nagy, No. 21-2887 (6th Cir. Jan. 3, 2023).unpublished And we have previously held that improper opinion testimony from a police officer can render a trial fundamentally unfair, in violation of the Due Process Clause, at least where that testimony directly “suggests to the jury the guilt of th…
- Robinson v. MacLaren, No. 2:17-cv-12612 (E.D. Mich. Sept. 8, 2020).While the Sixth Circuit Court of Appeals has found that testimony similar to Schrah’s infringed a defendant’s rights under the Due Process Clause, see Cooper v. Sowders, 837 F.2d 284, 287 (6th Cir. 1988), Robinson has not cited any Supreme…
- Morgan v. Warden, Dayton Corr. Inst., No. 1:19-cv-00093 (S.D. Ohio Mar. 24, 2020). Moreover, such rulings "are usually not to be questioned in a federal habeas corpus proceeding." Seymour v. Walker, 224 F.3d 542, 552 (6th Cir. 2000) (quoting Cooper v. Sowders, 837 F.2d 284, 286 (6th Cir.1988)).
- United States v. Martin Lewis, 763 F.3d 443 (6th Cir. 2014).published(finding error where “[a] police officer was permitted to testify to his own, personal opinion that such evidence as there was against other suspects was insufficient to justify their arrest,” which served to “suggest[ ]…)
- United States v. Marcus Cobb, 397 F. App'x 128 (6th Cir. 2010).unpublished In Cooper v. Sowders, we stated that permitting opinion testimony that directly influences a jury’s consideration of guilt or innocence is constitutional error. 837 F.2d 284, 287 (6th Cir.1988).
- Ronnie Forte v. William C. Seabold, 30 F.3d 133 (6th Cir. 1994).unpublished
- John T. Crown v. Patricia L. Caruso, 108 F.3d 1376 (6th Cir. 1997).unpublished
- James H. Brown, Iii v. Michael O'dea, 187 F.3d 572 (6th Cir. 1999).published
- James H. Brown, Iii v. Michael O'dea, 227 F.3d 642 (6th Cir. 2000).published
- United States v. Jumper, 497 F.3d 699 (7th Cir. 2007).published
Show 2 more citing cases
- Zuern v. Tate, 101 F. Supp. 2d 948 (S.D. Ohio 2000).published
- Brown v. O'Dea, 227 F.3d 642 (6th Cir. 2000).published
At page 288 Admissibility of expert testimony and informant reliability2 citing cases“Thus, we disagree with the lower courts’ conclusions that the testimony of the informant was not prejudicial given the “overall view of the quality of the other evidence against the accused.”
- Carter v. Vashaw, 627 F. Supp. 3d 853 (E.D. Mich. 2022).publishedCooper v. Sowders, 837 F.2d 284, 288 (6th Cir. 1988).
- United States v. Luis Anthony Rivera, 900 F.2d 1462 (10th Cir. 1990).published
At page 285 cited at this page1 citing case
- Rodney Mays v. Larry Chandler, 342 F. App'x 159 (6th Cir. 2009).unpublishedIn Cooper v. Sowders, a case involving the stabbing murder of a taxi driver, a police witness expressly stated that all of the evidence pointed to the defendant as the perpetrator; the trial judge referred to the police witness as an “expe…
v.
Dewey SOWDERS, Warden, Northpoint Training Center, Respondent-Appellee
Petitioner Joseph Cooper (“Petitioner”) appeals from the district court’s denial of his petition for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2254. For the reasons set forth below, we REVERSE and REMAND this action to the district court with instructions to grant petitioner’s writ of habeas corpus.
I.
Petitioner was indicted by the Fayette County Grand Jury on October 11, 1983, for the murder of a taxi driver. A jury found petitioner guilty and sentenced him to life in prison. Petitioner’s conviction was affirmed on direct appeal to the Kentucky Supreme Court. However, the decision was not unanimous; two Kentucky Supreme Court justices vigorously dissented, finding that cumulative evidentiary errors rendered petitioner’s trial fundamentally unfair.
Petitioner then filed a petition for a writ of habeas corpus in the United States District Court for the Eastern District of Kentucky. The petition alleged that the trial court erred: 1) by referring to a testifying police officer as an “expert” and allowing him to render his opinion as to the inculpa-tory nature of certain evidence; 2) by allowing an informant to testify that he had been responsible for the arrest and conviction of other people, thereby bolstering his credibility; 3) by permitting the respondent Commonwealth of Kentucky (“Commonwealth”) to call a rebuttal witness to impeach on a collateral matter over objection; and 4) by allowing the petitioner’s knife to be introduced into evidence. Petitioner argued that the above alleged errors rendered his trial so fundamentally unfair that he was deprived of his due process rights under the fourteenth amendment to the United States Constitution.
A United States Magistrate issued a report and recommendation suggesting that the petition be denied. With regard to petitioner’s first claim, the magistrate adhered to the Kentucky Supreme Court’s reasoning and noted that “the trial court’s referral to the police officer as an expert referred solely to his discretion of whether or not to make an arrest. The officer’s opinion, although admittedly linking Cooper to the crime, stated no conclusion as to his guilt or innocence. Further, the above incidents were both brief and isolated.” Joint Appendix at 56. In addressing petitioner’s claim that the trial court allowed the informant to testify about his own credibility, the magistrate again agreed with the Kentucky Supreme Court’s view that the error was non-prejudicial in view of the other evidence of guilt, and that, standing alone, the error did not render the trial fundamentally unfair. The magistrate also found the remaining claims to be without merit, and as mentioned above, recommended that the petition be denied. This recommendation was adopted by the district court.
II.
At approximately 7:50 p.m. on November 11, 1981, a taxi cab ran a stop sign, went through an intersection and collided with a tree. Amon Joseph, the cab driver, was found dead inside; he had been stabbed above the right clavicle. Beth Pennington testified that she saw the taxi go through the intersection and that she did not see anyone in the vicinity. Jamie Griffin also stated that she saw the taxi and a person who looked to be black running in the opposite direction. She further stated that this person was wearing a green or brown army jacket, a baseball type hat and heavy shoes.
Robert Hope, a dispatcher with the cab company, testified that the driver had picked up a person at the Hyatt Regency between 7:00 p.m. and 7:10 p.m. Phillip Canter, a cab driver who was at the Hyatt[*286] on the night of the murder, identified from a line-up two persons other than appellant prior to trial; at trial, he could not identify appellant as the person who entered the victim’s cab. Charles Maupin, a second cab driver who was at the Hyatt that evening, positively identified appellant at trial, even though he had earlier told police that he was not positive that appellant was the man who got into the cab.
Medical evidence established that the victim was stabbed in several areas, with the fatal wound being above the right clavicle. Dr. Nicholas testified that due to the location of the wounds, the assailant would have to have been right handed or at least would have had to have used his right hand. The petitioner is left-handed. Dr. Nichols further testified that he could not say whether the knife introduced into evidence was indeed the murder weapon.
Jerome Donald, the police informant, testified that he saw petitioner on the night of November 11, 1981. He stated that petitioner was wearing a blood-stained army field jacket and carrying a knife with blood on it. He also stated that he later walked down to the Tally Ho Restaurant and saw petitioner there with the knife. He testified that petitioner attempted to wash the blood off the knife and sell it to the cook.
The restaurant cook testified that petitioner gave him the knife as collateral for food that night and later came back and retrieved it. The cook could not state for sure that the knife introduced at trial was the same knife. He also testified that he examined the knife very closely that night and did not see any evidence that the knife had been recently washed. [1]
Police testimony placed petitioner in the vicinity of the Hyatt Regency in the early evening hours of November 11,1981. Petitioner was wearing blue jeans, a green army field jacket and a black hat with a brim. Detective Danny Gibbons, the investigating officer, testified that petitioner initially denied having the knife, then admitted to trading the knife for food. Detective Gibbons also testified that petitioner assisted him in recovering the knife.
III.
On appeal, petitioner argues that the trial court erred in finding that the “expert” opinion-testimony from the police officer did not deprive him of his right to fundamental fairness; that the judge’s comments to the jury concerning the competency and materiality of the police officer’s opinion-testimony denied him a fair trial; and that the trial court erred in allowing the police informant to bolster his credibility by answering questions concerning his testimony in prior cases. Petitioner argues that the cumulative effect of these errors operated to produce a trial that was fundamentally unfair. See Walker v. Engle, 703 F.2d 959, 963 (6th Cir.), cert. denied, 464 U.S. 951, 104 S.Ct. 367, 78 L.Ed.2d 327 (1983), and 464 U.S. 962, 104 S.Ct. 396, 78 L.Ed.2d 338 (1983). We agree with petitioner that the trial court committed errors with regard to each of the above claims and hold that the cumulative effect of the errors denied petitioner due process of law.
We begin our discussion with the clearly established rule that errors in the application of state law, especially rulings regarding the admission or exclusion of evidence, are usually not to be questioned in a federal habeas corpus proceeding. Walker, 703 F.2d at 962 (citing Bell v. Arn, 536 F.2d 123 (6th Cir.1976) and Reese v. Cardwell, 410 F.2d 1125 (6th Cir.1969)). However, this circuit has held that where the violation of a state’s evidentiary rule has resulted in the denial of fundamental fairness, thereby violating due process, federal habeas corpus relief will be granted. Id. (citations omitted); Maglaya v. Buchkoe, 515 F.2d 265 (6th Cir.), cert. denied, 423 U.S. 931, 96 S.Ct. 282, 46 L.Ed.2d 260 (1975).
With regard to the first two issues on appeal, the relevant exchange during Detective Gibbons’ testimony is as follows:
[*287] Mr. Roberts: Dan, you have talked about a number of suspects that came up in the investigation through various ways, specifically Fred Croney, Lobronell Jones, and another fellow named Jones, either George or Gray, I am sorry, is that right?
Detective Gibbons: Yes, sir.
Mr. Roberts: Okay. From all of your investigation, have you found any evidence that supports an allegation that any of these people had anything to do with this murder?
Mr. Lewter: Your Honor, I would object to the way he is framing that. He can tell whatever evidence he has seen without stating his conclusion about what it points to or whatever.
The Court: I will overrule the objection. He can give an opinion. He is a police officer and that is his job. He is an expert in that field.
Mr. Lewter: He is an expert on guilt or innocence?
The Court: He is an expert on whether to arrest somebody or not. He didn’t say anything about guilt or innocence. He said “suspects” and “arrests”. All right, go ahead.
Mr. Roberts: You can answer.
Detective Gibbons: I found no evidence that would link any of those other suspects to this crime.
Mr. Roberts: Or any other suspect?
Detective Gibbons: No.
Mr. Roberts: Not even mentioned by Mr. Lewter or anybody else, if there are any others?
Detective Gibbons: The only evidence we found that would link anyone to this crime would be Mr. Cooper.
Joint Appendix at 407-408.
Petitioner initially argues that the opinion-testimony of Detective Gibbons impugned fundamental fairness because it went directly to the heart of the issue concerning guilt or innocence. The Commonwealth argues that no constitutional prejudice occurred because Detective Gibbons offered no opinion as to petitioner’s guilt or innocence; the question was allowed simply to afford the officer the opportunity to clarify evidence concerning the examination of the suspects. We disagree and find that the admission of this testimony constituted error.
The opinion-testimony had a direct influence on the jury’s consideration of petitioner’s guilt or innocénce. As the dissenting opinion of Kentucky Supreme Court Justice Liebson correctly noted, “[t]he police officer was permitted to testify to his own, personal opinion that such evidence as there was against other suspects was insufficient to justify their arrest.... This opinion suggests to the jury the guilt of the accused and the innocence of other suspects.” Cooper v. Kentucky, No. 84-SC-494-MR, slip op. at 2 (Ky. Feb. 28, 1985) (Liebson, J. dissenting). We agree with Justice Liebson that the circumstances for reversal in this case are stronger than in Nugent v. Commonwealth, 639 S.W.2d 761 (Ky.1982) (trial court erred in permitting evidence from witness who had not witnessed the crime that he thought the accused had probably committed). See also Kennedy v. Hageman, 704 S.W.2d 656, 659 (Ky.Ct.App.1985) (state trooper’s testimony that he listed appellant’s improperly parked vehicle in his police report as a contributing factor in the collision was impermissible because it usurped the function of the jury to determine whose negligence caused the accident). The officer did not talk about probable cause to make an arrest; he expressly stated that all of the evidence pointed to petitioner as the perpetrator of the crime. Thus, “the difference between evidence justifying arrest and evidence of guilt is a nice legal point that was never explained to the jury.” Cooper, slip op. at 2 (Liebson, J. dissenting).
Petitioner also argues that the trial judge’s comments to the jury concerning the competency of the officer’s opinion served to deny him a fair trial. The Commonwealth argues that the judge inadvertently used the word “expert,” and thus fundamental fairness was not impugned. We disagree with the Commonwealth’s argument.
[*288] The trial court’s commentary was clearly impermissible. If Detective Gibbons was going to testify as an expert, it was required under Kentucky law that he be properly qualified. Norton v. Gordon Foods, Inc., 458 F.2d 1071, 1073 (6th Cir.1972); R. Lawson, The Kentucky Evidence Law Handbook § 6.10 (2d ed. 1984). There was no proof that he was qualified to express such an opinion. Also, it is clear that expert opinion testimony is admissible only if:
1. It involves a matter that is scientific, technical or specialized in character and is outside the scope of common knowledge and experience, and
2. It will aid the jury in understanding the evidence in resolving the issues.
Greer’s Adm’r v. Harrell’s Adm’r, 306 Ky. 209, 206 S.W.2d 943 (1947); R. Lawson, The Kentucky Evidence Law Handbook § 6.10 (2d ed. 1984). There was nothing scientific, technical or specialized about the officer’s opinion. Nor was there anything in the opinion that was outside the scope of common knowledge or experience as required by the . law of evidence. Furthermore, the testimony did not aid the jury in understanding the evidence. What the testimony did was give the jury an insider’s opinion on who committed the crime. In other words, the officer’s “expert” testimony invaded the province of the jury. Thus, the court’s comment was highly prejudical and “was tantamount to instructing the jury on this critical subject.” Cooper, slip op. at 2 (Liebson, J. dissenting).
Finally, petitioner argues that he was denied a fair trial when the court allowed the police informant to answer questions concerning the informant’s “reliability” in other cases, thereby bolstering his credibility. We agree. The informant’s testimony in other cases is not relevant to his testimony in this case. Galbraith v. Winn, 459 S.W.2d 153 (Ky.1970).
The relevant exchange between the prosecution and the informant is as follows:
Prosecutor: From your own knowledge, do you know if any people were arrested because of your information and conviction?
Mr. Donald: Yes, they were.
Prosecutor: Were these misdemeanor cases or felonies?
Mr. Donald: Felony cases.
Prosecutor: Are they serious crimes in Lexington?
Mr. Donald: Yes, they were.
Joint Appendix at 117.
The Kentucky Supreme Court and the United States District Court for the Eastern District of Kentucky found this error to be non-prejudicial in view of the other evidence of guilt. However, a review of the record leads us to conclude that Justice Liebson was correct when he stated that “much of that evidence was questionable.” Indeed this was a “close case” — so close that the Commonwealth waited two years after the evidence against the accused was first compiled before it elected to prosecute. Cooper, slip op. at 2 (Liebson, J. dissenting). Thus, we disagree with the lower courts’ conclusions that the testimony of the informant was not prejudicial given the “overall view of the quality of the other evidence against the accused.” Cooper v. Kentucky, No. 84-SC-494-MR, slip op. at 4 (Ky. Feb. 28, 1985); Magistrate’s Report and Recommendation at 3 (“A review of the record shows that there was indeed other evidence sufficient to support a conviction ...”).
This court has found that the trial court committed error with regard to each of petitioner’s claims. We hold that, when considered cumulatively, these errors produced a trial setting that was fundamentally unfair. See Walker, 703 F.2d at 963. Accordingly, for the reasons set forth above, we REVERSE and REMAND this action to the district court with instructions to grant petitioner’s writ of habeas corpus and release him from custody unless the Commonwealth elects to retry petitioner within ninety days from the issuance of the writ.
. There was also evidence from a cashier at the restaurant that petitioner was in the restaurant that night wearing a green army fatigue jacket and carrying a knife. She did not see the transaction take place.