United States District Court, E.D. Michigan, Southern Division
Randall Mitchell, Petitioner, Pro se, Carson City, MI USA.
For Mary Berghuis, Respondent: John S. Pallas, Laura Moody, Michigan Department of Attorney General, Appellate Division, Lansing, MI USA.
James G. Carr, Sr. U.S. District Judge 
This is a § 2254 habeas corpus case in which the petitioner, convicted in the Wayne County, Michigan, Circuit Court of various firearms offenses, challenges his conviction on the basis of:
o I. Impermissible failure to permit him to waive his right to counsel at trial;
o II. Wrongful admission of propensity evidence;
o III. Error of legal interpretation of the term " toward" at sentencing vis-a-vis a sentencing enhancement; and
o IV. Error of legal interpretation of the term " separate" at sentencing vis-a-vis a sentencing enhancement;
The respondent's answer asserts that petitioner's second claim is defaulted and the rest fail on the merits.
For the reasons that follow, I find no grounds for relief and deny the petition.
Petitioner and the victim, Mia Robinson, had been lovers. During the time they were together, petitioner had purchased a vehicle and registered it in Robinson's name. Over her objection, he had listed himself as a secured party.
After they broke up, petitioner took (" stole, " according to a police report Robinson filed) the car. He also broke into her residence and put his name on the title. When petitioner, who had been physically abusive during the relationship, encountered Robinson later the same day at a store, he assaulted her.
The next day, May 3, 2010, Robinson saw petitioner slash one of the tires on the car.
On May 23, Robinson, her child, and a friend and the friend's child were on Robinson's front porch. Petitioner's new girlfriend, Monica Holland, drove by, accompanied by petitioner. He leaned out of the car and asked if he could talk with Robinson. She refused, as she had a protective order.
Three to five minutes later, petitioner returned. He pulled out two guns, clinked them together, and said, " y'all want gun play?" Then he shot each weapon twice, with three of the bullets striking Ms. Robinson's vehicle. The car was parked about thirty feet from ...