United States District Court, E.D. Michigan, Southern Division
MEMORANDUM AND ORDER DENYING THE PETITION FOR WRIT OF
HABEAS CORPUS AND DECLINING TO ISSUE A CERTIFICATE OF
COHN UNITED STATES DISTRICT JUDGE.
a habeas case under 28 U.S.C. § 2254. Petitioner Willie
Youngblood, (Petitioner), is a state prisoner. Petitioner,
proceeding pro se, challenges his convictions for
felon in possession of a firearm, M.C.L. § 750.224f;
first-degree home invasion, M.C.L. § 750.110a(2);
conspiracy to commit first-degree home invasion, M.C.L.
§§ 750.110a2; 750.157; assault with intent to
commit murder, M.C.L. § 750.83; conspiracy to commit
assault with intent to commit murder, M.C.L. §§
750.83, 750.157; carrying a concealed weapon with unlawful
intent, M.C.L. § 750.226; and three counts of possession
of a firearm in the commission of a felony, M.C.L. §
750.227b. As will be explained, Petitioner and a
co-defendant, who was tried separately, entered an apartment
occupied by several individuals, including children, and
fired shots looking to kill a woman that had a relationship
with the co-defendant. Respondent, through the Attorney
General's Office, filed a response, essentially arguing
that the claims lack merit. For the reasons that follow, the
petition will be denied.
was convicted by a jury of the above listed offenses. He was
later sentenced to concurrent terms of 30 to 50 years for the
assault with intent to murder and conspiracy to commit
assault with intent to murder convictions, 10 to 20 years for
the home invasion and conspiracy to commit home invasion
convictions, 5 to 10 years for the weapons convictions,
consecutive to 2 years for the felony firearm convictions.
filed an appeal of right to the Michigan Court of Appeals,
raising the claims presented in the petition. The court of
appeals affirmed Petitioner's convictions but remanded
the case to correct the judgment of sentence as to his
firearm convictions. People v. Youngblood, No.
315703, 2014 WL 2795874 (Mich. Ct. App. June 19, 2014). The
Michigan Supreme Court denied leave to appeal. People v.
Youngblood, 497 Mich. 971 (2015).
seeks habeas relief corpus on the following grounds:
I. There was insufficient evidence of intent to kill for the
assault with intent to murder convictions.
II. There was insufficient evidence of an agreement between
Youngblood and Lister to support the conspiracy convictions.
III. Conviction for both conspiracy to commit an offense and
that offense itself violates double jeopardy.
IV. Youngblood was denied his right to present a defense when
the court excluded evidence of a letter written by Lister
stating that Youngblood was not present at the time of the
V. Youngblood's two year sentence for felony firearm
should not have been consecutive to the conspiracy charges
nor to the home invasion charge.
material facts leading to Petitioner's conviction as
gleaned from the record are as follows.
Williams testified that at the time of the incident she lived
with her two children, her mother Karen Williams, her sister
Catherine Williams, and her cousin, Chanquiece Moten, in an
apartment. She also testified that she had a sexual
relationship with Derrick Lister (also known as
“Notorious”), Petitioner's co-defendant. She
further testified that Lister and Petitioner were friends,
that she met Petitioner through Lister and also knew him from
the neighborhood. She also testified Petitioner and Lister
would often visit their cousins, who lived a few houses down
from Ashley Williams.
Williams further testified that the day before Thanksgiving,
Ashley Williams and Lister got into a verbal argument at his
cousin's house. The next day, Thanksgiving, she was at
home around 9:00 pm when she heard a knock at the door. She
asked who was there and received a reply
“Notorious.” She looked out the peephole and
confirmed it was Lister. She was not going to open the door
until prompted to do so by her sister. When she opened the
door, she saw Lister standing outside the door with a
9-millimeter pistol in his hand. Lister stated,
“I'm here to kill you.” Lister pointed the
gun at her head and fired, but missed. She kicked the door at
him and ran. She ran through the house and out her back
patio, hearing at least three more shots, as glass was
falling around her.
Ashley Williams was attempting to escape from Lister,
Chanquiece Moten looked out of the back window and saw
Petitioner standing at the window. Moten testified that
Petitioner had a gun in his hand and was shooting into the
apartment while entering it. She also testified that
Petitioner was shooting towards Ashley Williams when she was
attempting to escape.
Williams' mother, Karen Williams, testified that
Petitioner pointed his gun at her after he pointed and shot
at both ...