Summary
The Sixth Circuit affirmed the dismissal of Michon Houston’s second federal habeas petition challenging his Michigan murder conviction. The court held that Houston failed to satisfy the successive-petition requirements of 28 U.S.C. § 2244(b)(2)(B), particularly the clear-and-convincing actual-innocence showing, and failed to establish actual innocence sufficient for equitable tolling. The court found the supporting affidavits unreliable and speculative.
Topics
Practice areas
Questions Presented
- Whether Houston satisfied the actual-innocence exception for filing a successive 28 U.S.C. § 2254 petition under § 2244(b)(2)(B)(ii).
- Whether Houston established actual innocence sufficient to equitably toll AEDPA's limitation period.
- Whether the district court abused its discretion by declining to hold an evidentiary hearing.
Holdings
- Houston failed to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found him guilty. The court therefore upheld dismissal of the successive petition.
- Houston did not establish actual innocence sufficient to equitably toll the one-year limitation period for his successive habeas petition.
- The district court did not abuse its discretion in declining to hold an evidentiary hearing because the affidavits did not cast significant doubt on Houston's conviction.
Key quotations
“Because each of these conclusions independently compels dismissal of the petition, we need not consider the district court’s merits determination.” (Page 5)
“At the end of the day, our circuit has yet to determine what new facts a petitioner may present for our consideration under § 2244(b)(2)(B)(ii).” (Page 7)
“Considering all these facts, Houston fails to provide “a ‘clear and convincing’ reason” to believe Miller over Crooks and Johnson.” (Page 10)
“Because Houston fails to provide any reliable evidence demonstrating that he did not kill Carlton, he fails to establish actual innocence.” (Page 14)
Factual background
Carlton Thomas was shot and killed in Detroit in 2002. Two witnesses, Lavero Crooks and Jovan Johnson, testified at Houston's trial that Houston shot Thomas, although their accounts differed in several details, and no physical evidence connected Houston to the shooting. Years later, Houston presented affidavits from Tony Miller, Johnson, Jermaine Jones, and Houston himself, including Miller's delayed account that Crooks committed the murder and Johnson's recantation. The court found the affidavits unreliable because of their substantial delays, inconsistencies, lack of corroboration, and, as to Jones, reliance on hearsay.
Procedural history
After his Michigan convictions for first-degree murder and firearm offenses were affirmed and state post-conviction relief was denied, Houston filed a federal habeas petition that was denied. He later pursued a second state post-conviction motion based on ineffective assistance and newly discovered evidence, then sought authorization to file a successive federal petition. The Sixth Circuit authorized filing, but the district court dismissed the petition after finding the affidavits unreliable, concluding that Houston failed to satisfy § 2244(b)(2)(B) and equitable tolling requirements, and declining an evidentiary hearing. The Sixth Circuit affirmed.