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Adams v. Graham

United States District Court, D. Maryland, Southern Division

August 15, 2017

MICHAEL ADAMS, Petitioner,
v.
RICHARD GRAHAM, et al., Respondents.

          MEMORANDUM OPINION

          GEORGE J. HAZEL United States District Judge

         Michael Adams ("Adams'" or ""Petitioner") who is sell-represented, tiled this timely petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. attacking his 2009 convictions in the Circuit Court for Montgomery County. Maryland for first-degree murder and use of a handgun. ECF No. I. Respondents, the Warden of Western Correctional Institution where Petitioner is confined and the Attorney General of the State of Maryland. filed an Answer. ECF No. 11. to which Petitioner has replied. ECF No. 14.[1] Having reviewed the parties" submissions, the court finds no need for an evidentiary hearing. See Rule 8(a). Rules Governing Section 2254 Cases in the United States District Courts and Loc. R. 105.6 (D. Md. 2016); see also Fisher v. Lee, 215 F.3d 438. 455 (4th Cir. 2000) (petitioner not entitled to a hearing under 28 U.S.C. §2254(e)(2)). However, for the following reasons, the Court shall require supplemental briefing by the Respondents.

         F. BACKGROUND A. Jury Trial

         In November of2008. Petitioner was tried by a jury sitting in the Circuit Court for Montgomery County. See ECF No. 11-1 at 32-38. As outlined by the Court of Special Appeals of Maryland. ECF No. 11-5 at 2-12. the relevant facts were presented at trial:

[A]t approximately 10:00 p.m.. on February 8, 2008. one man shot another in or near the 300 block of King Farm Boulevard in Montgomery County.
Witnesses reported the following sequence of events.
Barry and Barbara Cordon, residents of a townhouse across the street from [Adams'] home at 232 King Farm Boulevard, testified that at about 10:00 p.m.. on February 8, 2008. they heard a loud crash outside their house and "voices that were very loud yelling at each other." The Gordons heard one person, who sounded like he was pleading, saying with a tremor in his voice. "You don't have to do this, man." After hearing those words, they heard two sounds that sounded like gunshots.
Upon looking out his window. Barry Gordon saw one person huddled on the ground, with a man in sweat clothes "hovering over" that person. Then, the man in sweat clothes turned and walked back down the sidewalk "in a very casual manner." The man turned, looked back, hesitated for a moment, and then went into the unit at 232 King Farm Boulevard-Adams's residence-where Mr. Gordon saw him pacing inside. . . .
Montgomery County Police Officer Antonio Copeland and two other officers were dispatched to the shooting. When they arrived at the scene. Copeland observed a man lying on his side with blood coming out of his mouth. Copeland rolled the victim over to look for entrance/exit wounds and found an entrance wound on the man's lower back. What appeared to be a small caliber bullet fell out from the area of the entrance wound. Copeland attempted to perform CPR on the victim but was unsuccessful.
[T]he victim, identified as Jason Hadeed . . . was pronounced dead at Shady Grove Hospital just after 11:00 p.m. on February 8. 2008. . . .
Montgomery County Police Department Forensic Specialist Gary Arter responded to the crime scene later that night to collect evidence. When he arrived at 232 King Farm Boulevard, he observed that the front door was locked and showed no signs of forced entry or kick marks. Upon entering the home, he saw nothing in disarray ... In the master bedroom. Alter found a handgun case and live ammunition on the night stand.
Alter collected the projectile of the fired bullet Officer Copeland had found on Jason's body as well as a live round of ammunition found on the steps of Adams's residence.. . . Forensic Specialist Chere Bahna also located a second live round of ammunition on a carpet runner inside the home . . .
. .. On the evening of the shooting, Adams's mother. Dody Pierce, and her live-in "good friend." Edward Heidecker. were in their Vienna. Virginia home. At approximately 11:00 p.m.. Heidecker went downstairs to find Adams and his mother talking in the dining room. Adams told Pierce and Heidecker that someone named Jason Hadeed had barged into his condo. used language so vile it could not be repeated in front of his mother, and hit him. Adams also said that Jason had attempted to take his laptop computer and other of his "stuff." Adams was physically unharmed but was in an apparent state of terror. lie staled that he had shot Jason, and the gun he had used was in his car. Between roughly 11:30 and 11:45 p.m.. Heidecker and Pierce called the police to advise that Adams had been involved in a shooting. When the police arrived, Adams turned himself in and was taken into custody without incident. .. .
Steven Hadeed. Jason Hadeed's uncle and friend, stated that his nephew, a personal trainer who conditioned athletes for sports, had introduced him to Adams, a former golfer. He and his nephew had invested in Adams's company, Adams Edge Consulting, which involved sports handicapping and gambling. For the first few months, Steven Hadeed received ...

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