Gover v. Perry, No. 10-2198 (6th Cir. 2012)
Annotate this CaseOn October 29, 1994, people, including Gover, congregated at a house from which Ratliff and Hunter sold marijuana to discuss a robbery. Ratliff believed that “Ricky” and the stolen items could be found nearby. Ratliff and Hunter got in the front seat of a vehicle. Witnesses testified that the backseat occupants were Catchings and Gover. The car traveled to a house where people on the porch said that Ricky was not there. As the car left, a gun fired from the rear passenger window. Two people sustained non-fatal injuries, but a bullet killed nine-year-old Michelle. Witnesses testified that Gover said that he shot because someone laughed at him. The Lannette house was later fired upon. Officers detained Hunter and Ratliff. Ratliff implicated Gover. Officer Johnson testified to Ratliff’s statement. Officer Jamison testified to what he observed and what occupants told him about the shooting. Gover was sentenced to 60-100 years and unsuccessfully appealed and challenged rulings in Michigan courts. He filed a 28 U.S.C. 2254 habeas petition. The district court held that, while its introduction violated Gover’s Sixth Amendment rights, Johnson’s testimony relaying Ratliff’s statement was harmless and that Jamison’s testimony did not violate the Sixth Amendment. The Sixth Circuit affirmed.
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