This 2009 habeas petition was denied by United States Magistrate Judge Robert C. Mitchell. The opinion quoted four uses of the word “ninja” from the lower court and from petitioner’s arguments. These refer to a “ninja sword and nunchucks” and a “black ninja outfit”.

Michale J. Anderson, an inmate at the State Correctional Institution at Houtzdale has presented a petition for a writ of habeas corpus. For the reasons set forth below, the petition will be dismissed and because reasonable jurists could not conclude that a reasonable basis for appeal exists, a certificate of appealability will be denied.

MICHALE J. ANDERSON, BH-9234, Petitioner,
v.
SUPERINTENDENT BRITTON, et al., Respondents.

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Civil Action No. 09-113
2009 U.S. Dist. LEXIS 45455

Decided June 1, 2009

The background to this prosecution is set forth in the February 3, 2000 Memorandum of the Superior Court:

In the early morning hours of October 27, 1989, Anderson took a taxicab to the home of the victim, Karen Hurwitz (“Hurwitz”). On his way to Hurwitz’s home, Anderson had the cab stop in the Highland Park area where he retrieved a bag containing various weapons. After arriving at the Hurwitz residence, Anderson removed a Ninja sword and nunchucks from his bag and placed them at the side of the house. Anderson also placed another weapon inside his jacket. Anderson then went into the Hurwitz home.

After speaking with Hurwitz for a few moments, Anderson and Hurwitz agreed to continue their conversation outside so as not to awaken Hurwitz’s parents. Once outside, Anderson picked up the Ninja sword and walked with the victim to a gazebo in her yard. As the two conversed, Anderson struck the victim in the head with the ninja sword and repeatedly stabbed her in the torso. When the victim stopped moving, Anderson went into the Hurwitz home, took the keys to the Hurwitz’s automobile, and drove away in the vehicle.

The next morning, Anderson voluntarily accompanied police officers from his high school to police headquarters. Upon arriving at headquarters, Anderson confessed to the aforementioned crimes.

and

In his post-conviction petition to the Superior Court, the petitioner framed this issue as follows:

At Mr. Anderson’s trial Katherine Berlin testified that she was the girlfriend of Mr. Anderson (TT.222-223). Berlin saw Mr. Anderson on a nearly daily basis in the months prior to Hurwitz’s killing (TT.224-225). Mr. Anderson began sleeping at Berlin’s residence albeit without the knowledge of Berlin’s parents (TT.223). Berlin’s bedroom was on the first floor and her parent’s on the second floor (TT.225). Mr. Anderson brought various packaged personal items in bags and boxes, which Berlin kept, under her piano.

At trial Berlin was shown 3 boxes belonging to Mr. Anderson, one of which had marked on it: “mixed stuff, don’t touch”. Berlin never opened the box (TT.227). According to Berlin, Mr. Anderson came to Berlin’s residence on October 26, 1989, changed his clothing and put them in a bag under the piano (TT.233).

At trial Detective Terrance P. O’Leary testified that he had recovered a black ninja suit from Mr. Anderson’s backpack located at Berlin’s residence (TT.303). He also recovered stars and literature from boxes at Berlin’s residence (TT.303). Three of Mr. Anderson’s boxes recovered from Berlin’s apartment contained Mr. Anderson’s clothing and personal items (TT.305). Found also in the boxes were three American Flags: Exhibits 65,66, and 67; On Exhibit 65 was hand printed: “Niggers, spics, Jewish pigs will rape America no more. These will not be the first”; On Exhibit 66 was written: “Long live the white. Fuck the Jews. These will not be the first.” TT.307. The Commonwealth argued that the seized items in question went to Mr. Anderson’s state of mind and were thus admissible (TT.307).

As post-conviction appellate counsel argued, at trial the admissibility of this evidence was argued, but counsel never asserted the petitioner’s Fourth Amendment rights regarding these articles. Additionally, it is argued that no warrant was secured for these items; Anderson had not given his consent for their seizure and the items were delivered to the police by Ms. Berlin’s father who had no knowledge that the petitioner was residing in his house. Thus, the question was whether or not petitioner enjoyed a reasonable expectation of privacy in these items and as a result whether his Fourth Amendment rights were violated.

Therefore

An appropriate Order will be entered.

ORDER

AND NOW, this 1st day of June, 2009, for the reasons set forth in the foregoing Memorandum, the petition for Michael J. Anderson for a writ of habeas corpus is dismissed and because reasonable jurists could not conclude that a basis for appeal exists, a certificate of appealability is denied.

/s/ Robert C. Mitchell

United States Magistrate Judge

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