United States District Court, N.D. Illinois, Eastern Division
UNITED STATES OF AMERICA ex rel. MICHAEL J. PARISH, Petitioner,
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.
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.
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
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 ...