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.

Anderson v. Shane Place

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

May 1, 2017

Deandre Anderson, Petitioner,
v.
Shane Place, Respondent.

          Stephanie Dawkins Davis Mag. Judge

         OPINION AND ORDER GRANTING RESPONDENT'S MOTION TO DISMISS [7], DENYING PETITION FOR WRIT OF HABEAS CORPUS [1], DENYING AS MOOT MOTION TO DEFER RULING [9], AND DENYING CERTIFICATE OF APPEALABILITY AND PERMISSION TO APPEAL IN FORMA PAUPERIS

          JUDITH E. LEVY United States District Judge

         Deandre Anderson (“Petitioner”), a Michigan Department of Corrections prisoner, filed this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Dkt. 1.) Petitioner challenges his convictions, following a bench trial in Alpena Circuit Court, for first-degree criminal sexual conduct, Mich. Comp. Laws § 750.520b(1)(c), first-degree home invasion Mich. Comp. Laws § 750.110a(2), and third-degree criminal sexual conduct, Mich. Comp. Laws § 750.520d(1)(b). As a result of these convictions, Petitioner is serving concurrent sentences of eighty-five months to fifty years and fifty months to twenty years. (Dkt. 1 at 1.)

         This matter is before the Court on respondent's motion to dismiss. (Dkt. 7.) Petitioner filed a motion to defer the ruling on respondent's motion until he filed a response. (Dkt. 9.) Petitioner thereafter filed a response to the motion. (Dkt. 10.)

         For the reasons set forth below, the Court grants respondent's motion to dismiss, and denies the petition for a writ of habeas corpus. The Court also denies as moot Petitioner's motion to defer, and denies a certificate of appealability and permission to proceed on appeal in forma pauperis.

         I. Background

         Petitioner was convicted after a bench trial on June 23, 2009 of home invasion and first- and third-degree criminal sexual conduct against Nichole Barilik and Bobbi Hanna. (Dkt. 1 at 1.)

         At trial, Barilik testified that she and Petitioner had a romantic relationship, which she ended in mid-September 2008. After this, Petitioner continued to call her. On December 2, 2008, Barilik agreed to talk with Petitioner at Bobbi Hanna's house, where Petitioner was staying. During the conversation, Petitioner slapped Barilik and grabbed her by the neck. Hanna heard the scuffle, and she told Petitioner to stop. Barilik then left.

         Barilik testified that later that night, she woke up at approximately 5 a.m. to find Petitioner standing next to her bed, wearing only his boxer shorts. Petitioner touched her under her blanket. She told him to leave, but Petitioner pulled back the covers, climbed in her bed, held her wrists down, and sexually assaulted her.

         Barilik went to the police station on December 8, 2008 to report that Petitioner was harassing her, but she did not mention the sexual assault. Barilik testified that she decided to pursue the rape charge when she heard that Bobbi Hanna had accused Petitioner of raping her.

         At trial, Bobbi Hanna also testified. She testified that she met Petitioner on August 14, 2008, and became friends with him. He moved in with her in November 2008. On December 8, 2008, Petitioner broke off their romantic relationship, stating that he was in love with Barilik.

         Two days later, on the night of December 10, 2008, Petitioner came home around 1:30 a.m. After Hanna went into her room and changed into her nightgown, Petitioner came into her room and wrapped his arms around her. Hanna testified that she shoved Petitioner away and told him he needed to go to bed. Instead, Petitioner took his clothes off and sexually assaulted her.

         After Petitioner left, Hanna called her friend Jessica Cohoon. Cohoon testified at trial that Hanna was hysterical on the phone, and told her that Petitioner raped her. Cohoon had a co-worker call the police and go ...


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.