Sherman v. Davids
Decision Date | 13 January 2020 |
Docket Number | Case No. 1:19-cv-840 |
Parties | WILLIAM EARL SHERMAN, Petitioner, v. JOHN DAVIDS, Respondent. |
Court | U.S. District Court — Western District of Michigan |
Honorable Robert J. Jonker
This is a habeas corpus action brought by a state prisoner under 28 U.S.C. § 2254. Promptly after the filing of a petition for habeas corpus, the Court must undertake a preliminary review of the petition to determine whether "it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief in the district court." Rule 4, Rules Governing § 2254 Cases; see 28 U.S.C. § 2243. If so, the petition must be summarily dismissed. Rule 4; see Allen v. Perini, 424 F.2d 134, 141 (6th Cir. 1970) ( ). A dismissal under Rule 4 includes those petitions which raise legally frivolous claims, as well as those containing factual allegations that are palpably incredible or false. Carson v. Burke, 178 F.3d 434, 436-37 (6th Cir. 1999). After undertaking the review required by Rule 4, the Court concludes that the petition must be dismissed because it fails to raise a meritorious federal claim.
Petitioner William Earl Sherman is incarcerated with the Michigan Department of Corrections at the Ionia Correctional Facility (ICF) in Ionia County, Michigan. Following a four-day jury trial in the Macomb County Circuit Court, Petitioner was convicted of second-degree murder in violation of Mich. Comp. Laws § 750.317. On November 15, 2016, the court sentenced Petitioner as a third habitual offender, Mich. Comp. Laws § 769.11, to a prison term of 27 to 40 years.
The facts underlying Petitioner's conviction were summarized by the Michigan Court of Appeals as follows:
(Mich. Ct. App. Op., ECF No. 1-1, PageID.54.)
The trial court instructed the jurors that they could find Petitioner guilty or not guilty of first-degree murder, the lesser-included offense of second-degree murder, or the lesser-included offense of manslaughter. (Id.) The jury found Petitioner guilty of second-degree murder.
Petitioner, with the assistance of counsel, directly appealed his conviction and sentence. He raised three issues, the same issues he raises in his habeas petition. By unpublished opinion issued June 19, 2018, the Michigan Court of Appeals affirmed the trial court. The appellate court remanded the matter to the trial court, however, to correct a clerical error in the judgment that identified Petitioner as a fourth habitual offender when the charge and the sentencing transcript made clear that Petitioner was a third habitual offender. (Id., PageID.57.)
Petitioner, again with the assistance of counsel, filed an application for leave to appeal in the Michigan Supreme Court, raising the same issues he raised in the court of appeals.(Pet., ECF No. 1, PageID.2.) The supreme court denied leave by form order entered December 21, 2018.
On October 10, 2019, Petitioner timely filed his habeas corpus petition, raising three grounds for relief, as follows:
This action is governed by the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. 104-132, 110 Stat. 1214 (AEDPA). The AEDPA "prevents federal habeas 'retrials'" and ensures that state court convictions are given effect to the extent possible under the law. Bell v. Cone, 535 U.S. 685, 693-94 (2002). An application for writ of habeas corpus on behalf of a person who is incarcerated pursuant to a state conviction cannot be granted with respect to any claim that was adjudicated on the merits in state court unless the adjudication: "(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established federal law as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based upon an unreasonable determination of the facts in light of the evidence presentedin the state court proceeding." 28 U.S.C. § 2254(d). This standard is "intentionally difficult to meet." Woods v. Donald, 575 U.S. 312, 316 (2015) (internal quotation omitted).
The AEDPA limits the source of law to cases decided by the United States Supreme Court. 28 U.S.C. § 2254(d). This Court may consider only the holdings, and not the dicta, of the Supreme Court. Williams v. Taylor, 529 U.S. 362, 412 (2000); Bailey v. Mitchell, 271 F.3d 652, 655 (6th Cir. 2001). In determining whether federal law is clearly established, the Court may not consider the decisions of lower federal courts. Lopez v. Smith, 574 U.S. 1, 4 (2014); Marshall v. Rodgers, 569 U.S. 58, 64 (2013); Parker v. Matthews, 567 U.S. 37, 48-49 (2012); Williams, 529 U.S. at 381-82; Miller v. Straub, 299 F.3d 570, 578-79 (6th Cir. 2002). Moreover, "clearly established Federal law" does not include decisions of the Supreme Court announced after the last adjudication of the merits in state court. Greene v. Fisher, 565 U.S. 34, 37-38 (2011). Thus, the inquiry is limited to an examination of the legal landscape as it would have appeared to the Michigan state courts in light of Supreme Court precedent at the time of the state-court adjudication on the merits. Miller v. Stovall, 742 F.3d 642, 644 (6th Cir. 2014) (citing Greene, 565 U.S. at 38).
A federal habeas court may issue the writ under the "contrary to" clause if the state court applies a rule different from the governing law set forth in the Supreme Court's cases, or if it decides a case differently than the Supreme Court has done on a set of materially indistinguishable facts. Bell, 535 U.S. at 694 (citing Williams, 529 U.S. at 405-06). "To satisfy this high bar, a habeas petitioner is...
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