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Jones v. Woods

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

November 1, 2016

DeAngelo Jones, Petitioner,
v.
Jeffrey Woods, Respondent.

          David R. Grand Mag. Judge.

          OPINION AND ORDER TRANSFERRING THE CASE TO THE COURT OF APPEALS PURSUANT TO 28 U.S.C. § 2244(B)(3)(A)

          JUDITH E. LEVY United States District Judge.

         DeAngelo T. Jones, (“Petitioner”), confined at the Chippewa Correctional Facility in Kincheloe, Michigan, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his conviction of assault with intent to rob while armed, Mich. Comp. Laws § 750.89.

         Because the present petition constitutes a “second or successive petition” within the meaning of 28 U.S.C. § 2244(b)(3)(A), the matter is transferred to the Sixth Circuit Court of Appeals so that Petitioner may seek permission to proceed.

         I. Background

         Petitioner was originally charged with first-degree felony murder and assault with intent to rob while armed. Petitioner and co-defendant Larry Hughes were tried jointly before a jury in the Detroit Recorder's Court.[1] Petitioner and Hughes were found not guilty of first-degree felony murder but were found guilty of assault with intent to rob while armed. A third co-defendant, Steven Cory Cojocar, was tried separately and convicted of first-degree felony murder, assault with intent to rob while armed, and felony-firearm. A fourth defendant, Chris Branscum, was acquitted of all charges at a separate trial.

         After exhausting his state court remedies, petitioner filed a petition for writ of habeas corpus, which was denied on the merits. Jones v. Renico, No. 03-CV-73246-DT (E.D. Mich. Apr. 22, 2004), aff'd No. 04-1615 (6th Cir. Aug. 5, 2005); cert. den. sub. nom. Jones v. Michigan, 547 U.S. 1006 (2006); rehearing den. 547 U.S. 1144 (2006).

         Petitioner has since been denied permission to file a second petition for writ of habeas corpus by the Sixth Circuit. In re Jones, No. 11-2096 (6th Cir. June 28, 2012).

         Petitioner now seeks a writ of habeas corpus on the following ground:

Petitioner Jones' [sic] was denied his Sixth Amendment right to counsel and his Sixth Amendment right to cross-examination, specifically where trial counsel was absent during jury deliberations where one of the jurors visited the crime scene becoming an unsworn witness against Petitioner Jones, and trial counsel was absent at this critical stage and at the return of the verdict, thus denying Petitioner Jones his 6th Amendment rights guaranteed by the Fourteenth Amendment Constitution.

(Dkt. 1 at 12.)

         II. Analysis

         Petitioner already filed a prior petition for a writ of habeas corpus challenging his conviction for assault with intent to rob while armed.

         An individual seeking to file a second or successive habeas petition must first ask the appropriate court of appeals for an order authorizing the district court to consider the petition. See 28 U.S.C. § 2244(b)(3)(A); Stewart v. Martinez-Villareal, 523 U.S. 637, 641 (1998). This screening function is performed by the Courts of Appeal. Felker v. Turpin, 518 U.S. 651, 664 (1996). Under the Antiterrorism and Effective Death Penalty Act (AEDPA), this Court does not have jurisdiction to consider Petitioner's successive petition ...


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