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United States ex rel. Parish v. Hodge

United States District Court, N.D. Illinois, Eastern Division

September 12, 2014

UNITED STATES OF AMERICA ex rel. MICHAEL J. PARISH, Petitioner,
v.
MARC HODGE, Warden, Lawrence Correctional Center, Respondent

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Micheal J. Parish, United States of America, ex rel., Petitioner, Pro se, Sumner, IL.

For Marc Hodge, Respondent: Gopi Kashyap, LEAD ATTORNEY, Illinois Attorney General's Office (100 W), Chicago, IL.

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MEMORANDUM OPINION AND ORDER

Rubé n Castillo, Chief United States District Judge.

Illinois prisoner Michael Parish is serving a twenty-five year sentence for robbery. (R. 15-1, Ex. A, Ill.App.Ct. Op. at 1.) Presently before the Court is Parish's pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (R. 1, Pet.) For the reasons stated below, Parish's petition for writ of habeas corpus is denied.

BACKGROUND[1]

Parish was arrested on November 11, 2007, for the alleged robbery of Rodney Lipscomb. (R. 15-1, Ex. A, Ill.App.Ct. Op. at 2.) The State's Attorney's Office charged Parish with one count each of armed robbery, unlawful use of a weapon by a felon, and aggravated unlawful restraint. ( Id. ; R. 15-2, Ex. H, Pet'r's Indictment at 21-24.) Prior to the commencement of trial, the State dropped the unlawful use of a weapon by a felon and aggravated unlawful restraint charges. (R. 15-1, Ex. A, Ill.App.Ct. Op. at 2; R. 15-4, Ex. K, Trial Tr. at 2:22-24, 4:1-5.) Judge Diane Cannon presided over Parish's jury trial, which began on January 12, 2010 in the Circuit Court of Cook County. (R. 15-4, Ex. K, Trial Tr. at AA-1.)

At trial, witness testimony varied as to the sequence of events that gave rise to Parish's arrest for armed robbery. Lipscomb testified that on November 2, 2007, after cashing in a lottery ticket worth $500.00, he returned to his housing complex to buy $25.00 worth of cigarettes from an unidentified person. (R. 15-1, Ex. A, Ill.App.Ct. Op. at 3.) Lipscomb said that Parish was present when he purchased the cigarettes. ( Id. ) After purchasing the cigarettes, Lipscomb had $520.00 on his person. ( Id. ) Lipscomb testified that upon returning to his apartment, as he put his key in the door, a man touched him from behind on his shoulder and said " give it up." ( Id. ) Lipscomb felt what he believed to be a gun on the back of his head. ( Id. ) Lipscomb retrieved the $520.00 from his pocket and gave it to the man. ( Id. ) When he turned around, he recognized the man as Parish. ( Id. ) Lipscomb testified that

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Parish then fled the building and ran into the building next door. ( Id. ) After Parish fled, Lipscomb told his wife to call the police. ( Id. )

Chicago Police Officer Jason Murdoch testified that after being assigned to Lipscomb's case, he conducted a phone interview with Lipscomb, during which Lipscomb told Murdoch that he was robbed by a man with the nickname of " Black Rob." ( Id. at 4.) Murdoch knew that " Black Rob" was actually Parish. ( Id. ) Murdoch compiled a photo array for Lipscomb, who identified Parish as the offender. ( Id. ) Murdoch testified that after Lipscomb identified Parish, Murdoch went to the housing complex to arrest Parish. ( Id. ) Detective David Sipchen testified that on November 12, 2007, he was present when Lipscomb identified Parish as the offender from a lineup. ( Id. )

Parish's attorney, Kenneth Klaxman, told the jury in his opening statement that Lipscomb fabricated a story about a robbery to exact revenge upon Parish for selling him counterfeit drugs. (R. 15-4, Ex. K, Trial Tr. at 89:1-90:6.) Klaxman stated, " [t]his isn't about a robbery, it isn't ...


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