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Debruyn v. State

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

January 10, 2017

CODY JAMES DEBRUYN, Petitioner,
v.
STATE OF MICHIGAN, Respondent,

          OPINION AND ORDER HOLDING IN ABEYANCE THE PETITION FOR WRIT OF HABEAS CORPUS AND ADMINISTRATIVELY CLOSING THE CASE.

          HONORABLE ARTHUR J. TARNOW UNITED STATES DISTRICT JUDGE.

         Cody James DeBruyn, (“Petitioner”), confined at the Bellamy Creek Correctional Facility in Ionia, Michigan, filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his conviction for armed robbery, first-degree home invasion, four counts of unlawful imprisonment, five counts of assault with a dangerous weapon, larceny from a building, larceny of a firearm, and thirteen counts of possession of a firearm in the commission of a felony. Petitioner acknowledges in his petition that he did not exhaust several of his claims with the state courts. In lieu of dismissing the petition without prejudice, this Court holds the petition in abeyance and stays the proceedings under the terms outlined in this opinion to permit petitioner to return to the state courts to exhaust his additional claims. If this fails, the petition will be dismissed without prejudice.

         I. Background

         Petitioner pleaded guilty in the Livingston County Circuit Court on March 19, 2015 and was sentenced to a total of twenty two to forty years on the various charges.

         The Michigan Court of Appeals denied petitioner leave to appeal. People v. DeBruyn, No. 328363 (Mich.Ct.App. Aug. 25, 2015). The Michigan Supreme Court remanded the case to the trial court for re-sentencing in light of People v. Lockridge, 498 Mich. 358; 870 N.W.2d 502 (Mich. 2015), which held that Michigan's Sentencing Guidelines scheme violates the Sixth Amendment right to a jury trial. People v. Debruyn, 499 Mich. 912, 877 N.W.2d 894 (2016).

         Petitioner was apparently re-sentenced to the same sentences.

         Petititioner's plea and sentence were again affirmed on appeal. People v. Debruyn, No. 334820 (Mich.Ct.App. Nov. 7, 2016); lv. den. 500 Mich. 984, 893 N.W.2d 629 (2017).

         Petitioner filed a petition for writ of habeas corpus, seeking relief on the following grounds:

I. Ineffective assistance of counsel when not considering insanity or temporary insanity at sentencing.
II. Ineffective assistance of counsel when attorney denied a plea deal without telling the defendant.
III. Ineffective assistance of counsel when [the judge] scored 10 points for OV [Offense Variable] 4 [of the Michigan Sentencing Guidelines] when it should have been 0 points.
IV. Ineffective assistance of counsel when 25 points were scored for OV-1 when it should have been 15 points.
V. Ineffective assistance of counsel when OV-14 was scored at 10 points.
VI. Ineffective assistance of counsel when the probation officer made certain statements that lacked foundation and ...

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