German v. Streeter et al
Filing
19
MEMORANDUM OPINION re 18 Final Judgment. Signed by District Judge Michael P. Mills on 7/24/14. (cr)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
CHERELLE GERMAN
PETITIONER
v.
No. 3:11CV100-MPM-SAA
JESSIE J. STREETER, ET AL.
RESPONDENTS
MEMORANDUM OPINION
This matter comes before the court on the pro se petition of Cherelle German for a writ of
habeas corpus under 28 U.S.C. § 2254. The State has responded to the petition. German has filed a
traverse, and the matter is ripe for resolution. For the reasons set forth below, the instant petition for a
writ of habeas corpus will be denied.
Procedural Posture
Cherelle German is in the custody of the Mississippi Department of Corrections and is
currently housed at the Marshall County Correctional Facility in Holly Springs, Mississippi. He was
convicted of felony child abuse in the Circuit Court of Lafayette County, Mississippi and sentenced to
a term of forty years, with ten years suspended, for a total of thirty years to be served in the custody of
the Mississippi Department of Corrections with five years of post-release supervision. S.C.R., Vol. 1,
pg. 28 and Vol. 3, pp. 212-213.
German appealed his conviction and sentence to the Mississippi Supreme Court, raising the
following grounds for relief (as stated by Petitioner through counsel):
Issue No. 1:
Was German=s trial rendered unfair by ineffective defense counsel?
Issue No. 2:
Whether the trial court should have excluded polygraph evidence?
Issue No. 3:
Whether the verdict is contrary to the weight of the evidence?
The Mississippi Court of Appeals affirmed German=s conviction and sentence. German v. State, 30
So.3d 348 (Miss. App. 2009), reh=g. denied December 8, 2009, cert. denied March 18, 2010 (Cause
No. 2008-KA-01277-COA).
German then sought post-conviction collateral relief in the Mississippi Supreme Court
alleging that Ahe was denied due process of law.@1 The Mississippi Supreme Court denied German=s
request to proceed with a motion for post-conviction collateral relief, stating A[a]fter due consideration,
the panel finds that the application should be denied.@
4. In his federal habeas petition, German raises the following grounds for relief (restated by
the court for the purpose of brevity and clarity):
Ground One. Ineffective assistance of counsel:
A.
Failing to object to the admission of testimony from a sheriff=s
department investigator which amounted to a medical opinion and was based
on hearsay;
B.
Failing to properly challenge the admission of German=s statements to
law enforcement;
C.
Stipulating that the victim=s injuries were profound, a designation
which exceeded the State=s burden of proof;
D.
Failing to submit a jury instruction on circumstantial evidence.
Ground Two. The trial court committed reversible error in allowing testimony
regarding a planned polygraph examination.
Ground Three. The evidence was insufficient to support the verdict.
German has exhausted his state court remedies as to the issues raised in the instant petition, and return
to the state court on these issues would be futile.
1
German states that A[t]hese claims are set out in the Post-Conviction Relief Motion which will be
filed in this case;@ however, he did not attach any such motion to his application for permission to proceed with
a post-conviction motion in the Mississippi Supreme Court.
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Grounds Reviewed on the Merits in State Court
The Mississippi Supreme Court has already considered all ground in the instant petition
on the merits and decided those issues against German; hence, these claims are barred from
habeas corpus review by the Antiterrorism and Effective Death Penalty Act, 28 U.S.C. §
2254(d), unless they meet one of its two exceptions:
(d) An application for a writ of habeas corpus on behalf of a person in
custody pursuant to the judgment of a State court shall not be granted
with respect to any claim that was adjudicated on the merits in State
court proceedings unless the adjudication of the claim–
(1) resulted in a decision that was contrary to, or involved an
unreasonable application of, clearly established Federal law, as
determined by the Supreme Court of the United States; or
(2) resulted in a decision that was based on an unreasonable
determination of the facts in light of the evidence presented in
the State court proceeding.
Id. (emphasis added). The first exception, subsection (d)(1), applies to questions of law. Morris
v. Cain, 186 F.3d 581 (5th Cir. 2000). The second exception, subsection (d)(2), applies to
questions of fact. Lockhart v. Johnson, 104 F.3d 54, 57 (5th Cir. 1997). Since the petitioner’s
claims challenge both the application of law and the finding of fact, this court must consider the
exceptions in both subsections.
Under subsection (d)(1), a petitioner’s claim merits habeas review if its prior
adjudication “resulted in a decision that was contrary to, or involved an unreasonable
application of, clearly established Federal law.” Id. (emphasis added). A state court’s decision
is contrary to federal law if it arrives at a conclusion opposite to that reached by the United
States Supreme Court on a question of law, or if it decides a case differently from the Supreme
Court on a set of “materially indistinguishable facts.” Williams v. Taylor, 529 U.S. 362, 120
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S.Ct. 1495, 1523 (2000). A state court’s decision involves an unreasonable application of
federal law if it identifies the correct governing principle but unreasonably (not just incorrectly)
applies that principle to facts of the prisoner’s case; this application of law to facts must be
objectively unreasonable. Id. at 1521. As discussed below, the petitioner has not shown that the
Mississippi Supreme Court unreasonably applied the law to the facts, or that the court’s decision
contradicted federal law. Accordingly, the exception in subsection (d)(1) does not apply to any
grounds for relief in the instant petition for a writ of habeas corpus.
Nevertheless, under § 2254(d)(2) these grounds may still merit review if the facts to
which the supreme court applied the law were determined unreasonably in light of the evidence
presented. Because the supreme court is presumed to have determined the facts reasonably, it is
the petitioner’s burden to prove otherwise, and he must do so with clear and convincing
evidence. Miller v. Johnson, 200 F.3d 274, 281 (5th Cir. 2000); 28 U.S.C. § 2254(e)(1). As
discussed below, the petitioner has failed to meet this burden; as such, he cannot use subsection
(d)(2) to move these claims beyond § 2254(d), which bars from habeas corpus review issues
already decided on the merits.
Ground One: Ineffective Assistance of Counsel
In Ground One, German raises several allegations of ineffective assistance of counsel, which
the court must address under the two-prong test established in Strickland v. Washington, 466 U.S. 668,
104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). To prove that defense counsel was ineffective, the petitioner
must show that counsel’s performance was deficient and that the deficiency resulted in prejudice to
her defense. Under the deficiency prong of the test, the petitioner must show that counsel made errors
so serious that he was not functioning as the “counsel” guaranteed by the Sixth Amendment.
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Strickland, 466 U.S. at 687. The court must analyze counsel’s actions based upon the circumstances
at the time – and must not use the crystal clarity of hindsight. Lavernia v. Lynaugh, 845 F.2d 493, 498
(5th Cir. 1988). The petitioner “must overcome the presumption that, under the circumstances, the
challenged action ‘might be considered sound trial strategy.’” Strickland, 466 U.S. at 689 (citation
omitted). To prove prejudice, the petitioner must demonstrate that the result of the proceedings would
have been different or that counsel’s performance rendered the result of the proceeding fundamentally
unfair or unreliable. Vuong v. Scott, 62 F.3d 673, 685 (5th Cir. 1995), cert. denied, 116 S.Ct. 557
(1995); Lockhart v. Fretwell, 506 U.S. 364, 369 (1993); Sharp v. Johnson, 107 F.3d 282, 286 n.9 (5th
Cir. 1997).
German first complains that trial counsel was ineffective in failing to object to the testimony
of Scott Mills, an investigator with the Lafayette County Sheriff=s Department, regarding the victim=s
injuries. German argues that this testimony constituted a medical opinion based on hearsay. During
direct examination, Investigator Mills described several photographs he had taken of the infant=s
injuries, which had been admitted into evidence as State=s Exhibits 1, 2, and 3. S.C.R., Vol. 2, pg. 47.
In describing one of these photographs, Mills stated Ayou will also notice around the top of both of her
eyes it appears to be redness like blood pooling behind her eyes and I observed that myself, also on
her eyelids, tops of her eyelids.@ S.C.R., Vol. 2, pg. 51. This testimony reflects Mills= own
observations and was, therefore, not hearsay. For this reason, the statement was not a medical
opinion, but a description of the infant=s obvious injuries Mills observed. The appellate court
considered this testimony on direct appeal and held, A[w]e are not persuaded that Detective Mills was
offering any medical conclusion that only an expert could give; thus, we cannot find German=s trial
counsel was ineffective for failing to object to the first statement.@ German, 30 So.3d at 352. An
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attorney renders effective assistance when he chooses not to lodge meritless objection. See Clark v.
Collins, 19 F. 3d 959, 966 (5th Cir. 1994) (AFailure to raise meritless objections is not ineffective
lawyering, it is the very opposite.@).
Mills also stated A[i]f you will look above the eyes on the eyelid you will see the redness
which is described to me as [sic] by the doctors as blood beginning to pool behind her eyelids.@
S.C.R., Vol. 2, pg. 51. The appellate court also considered this testimony on direct appeal and noted
that, while the statement was hearsay, German had not demonstrated that he was prejudiced by
counsel=s decision not to object and, therefore, was not entitled to relief. German, 30 So.3d at 352.
The statement was merely cumulative to Detective Mills= earlier comment – and came after the
photograph in question had been published to the jury. S.C.R,., Vol. 2, pg. 51. German has not
shown that he suffered prejudice by the admission of Mills= second statement; as such, German is not
entitled to habeas corpus relief on this claim.
German next complains that trial counsel did not object to the admission of his written
statements. In discussing this issue, however, German focuses on the fact that trial counsel elicited
testimony regarding German’s agreement to submit to a polygraph examination – which did not take
place. Counsel also provided German’s second written statement made after he initially met with the
polygraph examiner. The court will address the substance of this claim in the discussion below
regarding testimony about German’s scheduled – then canceled – polygraph examination.
German also claims that trial counsel erred in stipulating that the infant=s injuries were
Aprofound,@ a determination German believes to have exceeded the State=s burden of proof. During
the direct examination of Toya Hilliard, the mother of the abused infant, the State elicited testimony
regarding the severity of the two-month-old=s injuries. S.C.R., Vol. 2, pg. 139. This questioning
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followed the testimony of both Dr. Waller and Dr. Stidham, each of whom had treated the baby. Each
doctor provided detailed accounts of the severe and debilitating injuries. Dr. Stidham testified that the
baby had suffered bleeding over the surface of her brain, swelling of the brain, hemorrhages in the
retina and was having intense seizures. S.C.R., Vol. 2, pg. 91. He stated that, during the seizures, the
infant would stop breathing, and, therefore, she had to be placed on a ventilator. S.C.R., Vol. 2, pg.
92. Dr. Waller, who had treated the infant in the years following her initial injury, testified that baby
was blind, suffered from a seizure disorder, had severe developmental delays, and Aprofound
neurological deficits.@ S.C.R., Vol. 2, pg. 125. Dr. Waller testified that he did not know if the infant
would ever be able to eat by mouth – and might require a feeding tube for the rest of her life. S.C.R.,
Vol. 2, pg. 125. Dr. Waller stated that the child would never walk and he did not know if she would
ever be able to speak. S.C.R., Vol. 2, pg. 125.
Because the jury had already been presented with extensive testimony about the infant’s
devastating injuries, in addition to evidence of her medical records, trial counsel objected to the
additional testimony by Ms. Hilliard on this topic as unfairly prejudicial. S.C.R., Vol. 2, pg. 139. The
State submitted that, if the defense would stipulate that Athe child is severely and profoundly injured,
neurologically and otherwise@ then they would abandon this line of questioning. S.C.R., Vol. 2, pg.
140. Trial counsel made clear that any such stipulation would not extend to who caused the injury or
how the injury was suffered, but did stipulate that the child was seriously injured. S.C.R., Vol. 2, pg.
140. As such, the trial judge informed the jury, A[y]ou should accept it as an adjudicated fact just as if
it was a proven and undisputed manner [sic] from the witness stand that the child is severely and
profoundly injured.@ S.C.R., Vol. 2, pg. 140.
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The appellate court held that AGerman=s trial counsel was attempting to prevent the jury from
hearing any more testimony about the lingering effects of [the infant=s] injuries.@ German, 30 So.3d at
352. As such, the state court held that trial counsel could not be considered deficient in agreeing to the
stipulation. Id. Counsel’s trial strategy was to limit the damage from any additional testimony
regarding the ongoing effects of the infant=s extensive injuries. Human beings have a natural gutwrenching reaction when confronted with horrifying injuries inflicted upon a helpless infant, and the
stipulation likely limited the jurors’ reactions to such testimony. This is a time-tested strategy in many
situations to keep the other party from heaping on ever greater amounts of harmful testimony. The
state court was correct in holding that trial counsel was not deficient in making this choice. This issue
is without merit and will be denied.
German also argues that trial counsel should have submitted a circumstantial evidence
instruction because he did not admit that he shook the baby. However, according to Detective Mills’
testimony, German said in his second statement that Athe baby was crying a lot, wouldn=t be quiet and
he finally picked the baby up underneath it=s armpits and shook the baby he stated one time.@ S.C.R.,
Vol. 2, pg. 60. The statement, which German himself wrote, was entered into evidence as Exhibit 11.
S.C.R., Vol. 2, pg. 60 and Vol. 3, pg. 151. The appellate court held that AGerman=s >admission to an
important element of [the] crime negates the need for a circumstantial [-]evidence instruction.= Smith
v. State, 981 So.2d 1025, 1032 (& 33) (Miss. Ct. App. 2008).@ German, 30 So.3d at 352. Such an
instruction is only warranted when all of the evidence adduced against a defendant is circumstantial.
Id. As such, the appellate court held that trial counsel could not be considered deficient in choosing
not to offer such an instruction. The state court was correct in holding that trial counsel, in opting not
to request such an instruction, provided effective assistance in German’s defense.
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German has proved neither that trial counsel was deficient, nor that he suffered any prejudice
as a result of any of counsel=s alleged errors as raised in Ground One. The state appellate court=s
finding that trial counsel rendered effective assistance was neither contrary to nor an unreasonably
application of clearly established federal law. Nor was the state court’s finding unreasonable in light
of the evidence presented. As such, German is not entitled to federal habeas corpus as to Ground One
of the instant petition.
Ground Two: Denial of Due Process Regarding
Canceled Polygraph Examination
In Ground Two, German argues that he was denied due process when the trial court allowed
testimony regarding his scheduled polygraph examination – and that trial counsel was ineffective for
eliciting that information. During Detective Mills= cross-examination, in response to Mills= earlier
testimony that German had met with Mills and provided a statement, defense counsel asked why
German had been in his presence to begin with. S.C.R., Vol. 2, pg. 63. At that point, the State
requested a bench conference in order to alert the trial court to a possible problem. The State noted
that German was present for a scheduled polygraph examination, but Ainstead of going through with it
said I have to tell you something and went and admitted what is contained in the statement.@ S.C.R.,
Vol. 2, pg. 64. The prosecutor noted that the State had purposely avoided the subject out of concern
that any testimony regarding the scheduled examination might be grounds for a mistrial. S.C.R., Vol.
2, pg. 65. Defense counsel argued that he was not seeking testimony that there had been a polygraph
examination, but that he was concerned that Mills= testimony on direct examination left the jury with
the impression that German had simply come to law enforcement for the purpose of confessing.
S.C.R., Vol. 2, pp. 65-66. During the discussion of this issue the trial judge made the following
record:
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He [the prosecutor] is fearful of any testimony about polygraph. But I think if we
have a clear understanding that you think it helps your client then I think the usual
error that might be associated with discussing polygraph is probably waived by you. I
just want to make sure the record is clear because it=s not, you know, a mistake or
misunderstanding and that this is a deliberate tactical maneuver on your part which is
fine. That is your decision. But it has to be relevant and I want you to state for the
relevance of it so that I can make sure the record is clear and I can rule on it. What is
the relevance of him coming in to show that he came in to be polygraphed rather than
he came in to confess.
S.C.R., Vol. 2, pp. 68-69. The State then informed the trial court that German had actually been in
custody for a misdemeanor at the time. S.C.R., Vol. 2, pg. 69. The prosecutor further noted that,
since the polygraph examination had been scheduled for the next day, Mills asked German if he
wanted to go ahead with it Abut rather than give the polygraph he made an admission and there was no
polygraph taken.@ S.C.R., Vol. 2, pg. 69. The judge then stated:
Well, I certainly don=t want to limit your cross examination and by pre determining
whatever may or may not be helpful or harmful to you. But you know, all the body of
law on polygraph talks about taking the polygraph and the results of the polygraph and
this clearly has nothing to do with that because if you are representing to me
accurately there was no polygraph taken.
S.C.R., Vol. 2, pg. 72. Defense counsel then argued that German had first talked with the polygraph
examiner, although he was not examined, and the examiner Atook what [German] said out of context
and took it to Detective Mills. My client was under duress and the jury needs to know all that.@
S.C.R., Vol. 2, pg. 73. Finally the trial court ruled that the witness could respond to questions
regarding the polygraph.
The appellate court considered this issue and held:
In terms of whether or not it was reversible error for the trial court to allow this
evidence into the record, we find that it was not reversible error. After hearing
German's trial counsel's reasons for introducing the evidence related to the polygraph
test, the trial court stated that it understood that German was trying to establish the
nature of the interrogation. AWhenever a defendant makes a calculated, tactical choice
and comes out on the losing end, he cannot then shift the burden to the [S]tate or to the
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trial [court].@ Lancaster v. State, 472 So.2d 363, 366 (Miss.1985). This issue is
without merit.
German, 30 So.3d at 353-354. Neither the fact that a polygraph test was administered nor the results
of any such test are admissible at trial under Mississippi law. See Fagan v. State, 894 So. 2d 576
(Miss. 2004) and Carr v.State, 655 So. 2d 824 (Miss. 1995). In addition, state rules regarding the
inadmissibility of polygraph evidence have been held constitutional by the United States Supreme
Court. See U.S. v. Scheffer, 523 U.S. 303, 118 S.Ct. 1261, 140 L.Ed.2d 413 (1998). Moreover, a
claim challenging only the state court=s ruling on the admissibility of certain evidence under state law
is precluded from federal habeas corpus review, because the rulings of state courts on evidentiary
matters are solely issues of state law. AA state court's evidentiary rulings present cognizable habeas
claims only if they run afoul of a specific constitutional right or render the petitioner's trial
fundamentally unfair.@ Johnson v. Puckett, 176 F.3d 809, 820 (5th Cir. 1999) (citing Cupit v. Whitley,
28 F.3d 532, 536 (5th Cir.1994)(emphasis added).
In the present case, the testimony elicited established only that a polygraph examination had
been scheduled, but not conducted. Counsel was trying to show that German had not simply marched
into the police station to confess – and that his ultimate statement that he had shaken the baby was
taken out of context and under duress. No one testified that a polygraph examination took place – or
that the examiner had come to a conclusion. As such, German cannot show that the State violated one
of his constitutional rights. Therefore, the trial court=s ruling that this testimony was admissible cannot
be reviewed through federal habeas corpus. Even if the claim were valid, the appellate court=s ruling
on the record before it was neither contrary to, nor did it involve an unreasonable application of,
clearly established federal law, as determined by the Supreme Court of the United States. Further, the
decision was not based on an unreasonable determination of the facts in light of the evidence. Thus,
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German is not entitled to federal habeas corpus relief on the basis of this claim.
Neither was defense counsel=s decision to elicit this testimony deficient performance. The
appellate court considered this issue and held:
In terms of whether or not German's trial counsel was ineffective for entering this
evidence into the record, we conclude that this falls under the scope of trial strategy.
Much of German's defense was built around the information contained in his second
statement of January 4, 2006. This second statement is the first time German stated
that he shook Makia. German attempted to show the jury that he was tricked into
making this statement during his interrogation by the polygraph examiner.
German, 30 So.3d at 353. Defense counsel=s decision was a matter of trial strategy. The defense
wanted to convince the jury that German did not seek out law enforcement on his own in order to
confess to abusing the child. Indeed, the lynchpin of German=s defense was that the infant=s injuries
occurred during a fall in her bouncer while German was out of the room – and that his admission was
the result of duress. The court finds that this was a colorable argument in light of the evidence as the
trial progressed, and counsel was not deficient for eliciting such testimony because it supported
German=s defense. In any event, German has not shown that he suffered prejudiced by counsel’s
decision. For these reasons, the state appellate court’s ruling on this issue was neither contrary to, nor
did it involve an unreasonable application of, clearly established federal law, as determined by the
Supreme Court of the United States. Further, the decision was not based on an unreasonable
determination of the facts in light of the evidence. As such, German is not entitled to federal habeas
corpus relief on this ineffective assistance of counsel claim.
Ground Three: Insufficient Evidence to Support the Verdict
Finally, German alleges that there was insufficient evidence to support his conviction.2 A
2
On direct appeal, German presented this claim as a challenge to the weight of the evidence.
However, based on his arguments, the appellate court interpreted the argument as a claim that the evidence was
insufficient.
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challenge to the sufficiency of the evidence can support a claim for habeas relief only if the evidence,
when viewed in the light most favorable to the State is such that no reasonable fact finder Acould have
found the essential elements of the crime beyond a reasonable doubt.@ Jackson v. Virginia, 443 U.S.
307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979); see also Marler v. Blackburn, 777 F.2d 1007,
1011 (5th Cir. 1985). This standard of review Apreserves the integrity of the trier of fact as the weigher
of the evidence.@ Bujol v. Cain, 713 F.2d 112, 115 (5th Cir. 1983). Further, the Jackson standard
allows the trier of fact to find the evidence sufficient to support a conviction even if Athe facts also
support one or more reasonable hypotheses consistent with the defendant=s claim of innocence.@
Gilley v. Collins, 968 F.2d 465, 468 (5th Cir. 1992).
German argues that he did not admit to shaking the infant and, as such, the case against him
was circumstantial in nature. German, however, admitted that he gave a statement – in his own
handwriting – to Detective Mills. S.C.R., Vol. 3, pg. 151. The statement included the admission, AI
shook her one time then put her down . . . .@ Though German attempted at trial to deny that he had
actually shaken the baby, claiming, AI just grabbed her like that to make sure to see if she was alright,@
he did not deny that he had written the statement to the contrary. S.C.R., Vol. 3, pg. 152. Neither was
German able to explain why he failed to give such an explanation in his statement. S.C.R., Vol. 3, pg.
152. Dr. Stidham testified that he could state with A[v]irtually one hundred percent certainty@ that the
infant=s injuries Awould require a very violent shaking against sort of a surface.@ S.C.R., Vol. 2, pg.
102. He also testified that the surface was Aprobably not a hard surface because there would have
been more external injury.@ S.C.R., Vol. 2, pg. 102. In addition, Dr. Stidham testified that he excluded
the possibility of the only other potential cause for the baby=s retinal hemorrhages through testing the
clotting capabilities of her blood. S.C.R., Vol. 2, pg. 96. Dr. Stidham conceded that, while it was
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remotely possible to shake a baby bouncer hard enough to cause the injuries, tipping over in the
bouncer would not be sufficient to cause the infant=s skull fracture. S.C.R., Vol. 2, pp. 103-104.
Dr. Waller testified that the bruising on both sides of the baby=s face was not consistent with
German=s story that she had fallen. S.C.R., Vol. 2, pg. 116. Dr. Waller also stated that, upon viewing
the baby=s CT scans he Awas concerned that the child had been abused.@ S.C.R., Vol. 2, pg. 116. Toya
Hilliard, the victim=s mother, testified that, at the time of the injury, German was alone in the house
with the infant and her two-year-old son. S.C.R., Vol. 2, pg. 132. In fact, German acknowledged in
his statement that he had been alone with the babies. S.C.R., Vol. 3, pg. 151. At trial, German did not
legitimately contest the fact that he had shaken the infant; instead he challenged the force with which
he had shaken her and the number of times he had done so.
The appellate court considered this evidence and held:
However, German admitted in a handwritten statement that he had shaken Makia.
Although German did not admit to the severity of the shaking, there was testimony
from two doctors that Makia's injuries could not have been caused by a fall from a
bouncy seat. One physician specifically stated that Makia's injuries were exclusively
caused by a severe shake with the impact of her head hitting a surface. German
admitted that he was the only adult present when Makia's bouncy seat supposedly
overturned. From the evidence presented, we find that reasonable, fair-minded jurors
could have concluded that German was guilty of felony child abuse. This issue is
without merit.
German, 30 So.3d at 354. The jury was presented with two competing theories of the child’s injuries,
and they decided that the evidence supported the State’s theory and proved German’s guilt beyond
reasonable doubt. The record amply supports the jury’s verdict. The appellate court=s decision was,
therefore, neither contrary to, nor did it involve an unreasonable application of, clearly established
federal law, as determined by the Supreme Court of the United States. Neither was the decision based
on an unreasonable determination of the facts in light of the evidence. Thus, German is not entitled to
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federal habeas corpus relief based on the allegations in Ground Three.
Conclusion
In sum, for the reasons set forth above, the claims in the instant petition for a writ of habeas
corpus are without merit, and it will be denied. A final judgment consistent with this memorandum
opinion will issue today.
SO ORDERED, this, the 24th day of July, 2014.
/s/ MICHAEL P. MILLS
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF MISSISSIPPI
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