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Lawrence v. Rivard

United States District Court, E.D. Michigan, Southern Division

April 24, 2015

TREY D. LAWRENCE, Petitioner,
v.
STEVEN RIVARD, Respondent.

OPINION AND ORDER SUMMARILY DISMISSING THE HABEAS PETITION, DECLINING TO GRANT A CERTIFICATE OF APPEALABILITY, AND DENYING LEAVE TO PROCEED IN FORMA PAUPERIS ON APPEAL

LAURIE J. MICHELSON, District Judge.

In December 2011, Petitioner Trey D. Lawrence pleaded guilty to second-degree murder and possession of a firearm during the commission of a felony. He subsequently sought post-conviction relief on the grounds that the trial court accepted his plea without establishing the factual basis for the "malice" element of the second-degree murder charge. The state trial court denied Lawrence's motion for relief from judgment and both the Michigan Court of Appeals and Supreme Court denied leave to appeal the trial court's post-conviction order.

Lawrence now petitions this Court for a writ of habeas corpus asserting a single claim for relief: that the trial court's failure to establish the factual basis for malice violates the United States Constitution. For the reasons that follow, the Petition will be DENIED.

I.

In support of his petition, Lawrence directs the Court's attention to the following portion of his plea colloquy:

THE COURT: On May 2, 2011, were you at Cortland and Stoepel in the City of Detroit?
DEFENDANT: Yes sir.
THE COURT: And did you have contact with Arthur Landrum?
DEFENDANT: Yes sir.
THE COURT: And what did you do to Mr. Landrum?
DEFENDANT: I shot him in the head, sir.
THE COURT: And was there one shot or more than one shot?
DEFENDANT: One shot, sir.
THE COURT: And you knew that act would likely ...

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