Marko Larcharr McGee v. Jeff Tanner

Summary

The United States District Court for the Eastern District of Michigan denied Marko Larcharr McGee’s petition for a writ of habeas corpus under 28 U.S.C. § 2254. The court held that the exclusion of a Facebook message concerning the victim’s alleged intent was not an unreasonable application of clearly established federal law and that McGee’s prosecutorial-misconduct claim was procedurally defaulted. The court denied the petition with prejudice and denied a certificate of appealability.

Holdings

1. The exclusion of the Facebook message did not violate McGee's constitutional right to present a complete defense because the evidence was unreliable, multilayered hearsay and its exclusion was neither arbitrary nor disproportionate to the legitimate interest in enforcing evidentiary rules.
2. The prosecutorial-misconduct claim was procedurally defaulted because McGee failed to make a contemporaneous objection, the Michigan Court of Appeals relied on that failure, and McGee did not establish cause, prejudice, or actual innocence to excuse the default.
3. A certificate of appealability was denied because reasonable jurists would not debate the district court's conclusion that McGee was not entitled to habeas relief.

Questions Presented

1. Whether exclusion of the Facebook message violated McGee's federal constitutional right to present a complete defense.
2. Whether the prosecutor committed misconduct by repeatedly referring to McGee's prior assault conviction in proving the felon-in-possession charge.
3. Whether the prosecutorial-misconduct claim was procedurally defaulted because McGee failed to object at trial and failed to exhaust an ineffective-assistance claim as cause.
4. Whether McGee was entitled to a certificate of appealability.

Disposition

dismissed