Louris v. Macauley
Decision Date | 29 June 2022 |
Docket Number | 2:19-CV-11017 |
Parties | KENNETH EARL LOURIS, #407394, Petitioner, v. MATTHEW MACAULEY, Respondent. |
Court | U.S. District Court — Eastern District of Michigan |
OPINION & ORDER DENYING THE PETITION FOR A WRIT OF HABEAS CORPUS, DENYING A CERTIFICATE OF APPEALABILITY & DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL
Michigan prisoner Kenneth Earl Louris (“petitioner”) has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 asserting that he is being held in violation of his constitutional rights. The petitioner was convicted of first-degree felony murder, Mich. Comp. Laws § 750.316(1)(b), armed robbery, Mich. Comp. Laws § 750.529, felon in possession of a firearm, Mich. Comp. Laws § 750.224f, and three counts of possession of a firearm during the commission of a felony, Mich. Comp. Laws § 750.227b, following a jury trial in the Oakland County Circuit Court and was sentenced, as a fourth habitual offender, Mich. Comp. Laws § 769.12, to life imprisonment without the possibility of parole on the murder conviction, a concurrent term of 40 to 60 years imprisonment on the armed robbery conviction, a concurrent term of 6 to 30 years on the felon in possession conviction, and concurrent terms of 2 years imprisonment on the felony firearm convictions to be served consecutively to the other sentences.
In his pleadings, the petitioner raises claims concerning the jury instructions and his right to present a defense, the sufficiency of the evidence, and the great weight of the evidence. For the reasons stated herein, the Court denies the habeas petition. The Court also denies a certificate of appealability and denies leave to proceed in forma pauperis on appeal.
The petitioner's convictions arise from the shooting death of a man during an armed robbery at a home in Pontiac, Michigan in 2015. The Michigan Court of Appeals described the underlying facts, which are presumed correct on habeas review, see 28 U.S.C. § 2254(e)(1); Wagner v. Smith, 581 F.3d 410, 413 (6th Cir. 2009), as follows:
People v. Louris, No. 333123, 2017 WL 4700026, *1-2 (Mich. Ct. App. Oct. 19, 2017) (unpublished, per curiam) (footnotes in original).
Following his convictions and sentencing, the petitioner filed an appeal of right with the Michigan Court of Appeals raising the same claims presented on habeas review. The court denied relief on those claims and affirmed his convictions and sentences. Id. at *2-8. The petitioner then filed an application for leave to appeal with the Michigan Supreme Court, which was denied. People v. Louris, 501 Mich. 1040, 908 N.W.2d 909 (2018).
The petitioner thereafter filed his federal habeas petition. He raises the following claims:
I. He was denied his constitutional rights to a fair trial, to present a defense, and to a properly instructed jury under the Sixth and Fourteenth Amendments.
II. His murder conviction must be reversed where the prosecution's evidence was insufficient to prove beyond a reasonable doubt that he acted with malice.
III. Where the weight of the evidence so preponderates against the verdict of guilty of armed robbery, and for any larceny supporting the felony murder charge, and is so contradictory, it violates his rights.
The respondent has filed an answer to the petition contending that it should be denied.
Federal law imposes the following standard of review for habeas cases:
28 U.S.C. § 2254(d).
“A state court's decision is ‘contrary to' . . . clearly established law if it ‘applies a rule that contradicts the governing law set forth in [Supreme Court cases]' or if it ‘confronts a set of facts that are materially indistinguishable from a decision of Court and nevertheless arrives at a result different from [that] precedent.'” Mitchell v. Esparza, 540 U.S. 12, 15-16 (2003) (per curiam) (quoting Williams v. Taylor, 529 U.S. 362, 405-06 (2000)); see also Bell v. Cone, 535 U.S. 685, 694 (2002).
“[T]he ‘unreasonable application' prong of § 2254(d)(1) permits a federal habeas court to ‘grant the writ if the state court identifies the correct governing legal principle from Court but unreasonably applies that principle to the facts of petitioner's case.” Wiggins v. Smith, 539 U.S. 510, 520 (2003) (quoting Williams, 529 U.S. at 413); see also Bell, 535 U.S. at 694. However, Wiggins, 539 U.S. at 520-21 (citations omitted); see also Williams, 529 U.S. at 409. “AEDPA thus imposes a ‘highly deferential standard for evaluating state-court rulings,' and ‘demands that state-court decisions be given the benefit of the doubt.'” Renico v. Lett, 559 U.S. 766, 773 (2010) (quoting Lindh, 521 U.S. at 333, n. 7; Woodford v. Viscotti, 537 U.S. 19, 24 (2002) (per curiam)).
A state court's determination that a claim lacks merit “precludes federal habeas relief so long as ‘fairminded jurists could disagree' on the correctness of the state court's decision.” Harrington v. Richter, 562 U.S. 86, 101 (2011) (citing Yarborough v. Alvarado, 541 U.S. 652, 664 (2004)). The Supreme Court has emphasized “that even a strong case for relief does not mean the state court's contrary conclusion was unreasonable.” Id. (citing Lockyer v. Andrade, 538 U.S. 63, 75 (2003)). Pursuant to § 2254(d), “a habeas court must determine what arguments or theories supported or ... could have supported, the state court's decision; and then it must ask whether it is possible fairminded jurists could disagree that those arguments or theories are inconsistent with the holding in a prior decision" of the Supreme Court. Id. Thus, in order to obtain habeas relief in federal court, a state prisoner must show that the state court's rejection of his claim “was so lacking in justification that there was an error well understood and comprehended in existing law beyond any possibility for fairminded disagreement.” Id.; see also White v. Woodall, 572 U.S. 415, 419-20 (2014). Federal judges “are required to afford state courts due respect by...
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