Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Cummings v. Rivard

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

January 11, 2017

Donald Cummings, Petitioner,
v.
Steven Rivard, Respondent.

          United States Magistrate Judge David R. Grand

          OPINION AND ORDER DENYING THE PETITION FOR A WRIT OF HABEAS CORPUS AND DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY OR LEAVE TO APPEAL IN FORMA PAUPERIS

          Gershwin A. Drain United States District Court Judge

          I. Introduction

         Donald Wayne Cummings, (“Petitioner”), confined at the Gus Harrison Correctional Facility in Adrian, Michigan, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In his pro se application, Petitioner challenges his conviction for conspiracy to commit first-degree murder, tampering with evidence, Mich. Comp. Laws § 750.483a, and disinterment or mutilation of a dead body, Mich. Comp. Laws § 750.160. The court sentenced Cummings to life imprisonment for the conspiracy conviction, and concurrent prison terms of 1 to 10 years each for the tampering with evidence and disinterment convictions. For the reasons that follow, the petition for a writ of habeas corpus is DENIED.

         II. Background

         Petitioner was convicted following a jury trial in the Wayne County Circuit Court. This Court recites verbatim the relevant facts relied upon by the Michigan Court of Appeals, which are presumed correct on habeas review pursuant to 28 U.S.C. § 2254(e)(1). See Wagner v. Smith, 581 F.3d 410, 413 (6th Cir. 2009):

Defendants' convictions arise from the death of Brandon Buck, whose unrecognizable body was discovered inside a burning minivan during the early morning hours of April 18, 2011. In September 2011, a witness, Ayesha White, came forward and reported observing the events that led to Buck's death. White was the only witness to the events, and was the only reason authorities were able to determine whose body was found in the van. White stated that she was present when Warner, at Sampson's direction, shot Buck. Afterward, Cummings obtained a minivan and Buck's body was placed inside, and then Cummings poured gasoline inside the minivan and set it on fire. An autopsy determined that Buck was already dead before the fire, having died from multiple gunshot wounds.

People v. Warner, No. 311034, 2014 WL 2553303, at *1 (Mich. Ct. App. June 3, 2014).

         Petitioner's conviction was affirmed on appeal. People v. Warner, 497 Mich. 890, 854 N.W.2d 890 (2014).

         Petitioner seeks a writ of habeas corpus on the following grounds:

I. Defendant is entitled to dismissal of conviction and sentence for conspiracy where there was insufficient evidence to find for this offense. As such, the motion for directed verdict as to this offense should have been granted.
II. Defendant is entitled to correction of his judgment of sentence to reflect his eligibility for parole.

         III. Standard of Review

          28 U.S.C. § 2254(d), as amended by The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), imposes the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.