United States District Court, E.D. Michigan, Southern Division
States Magistrate Judge Patricia T. Morris
OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS
CORPUS AND DECLINING TO ISSUE CERTIFICATE OF APPEALABILITY OR
LEAVE TO APPEAL IN FORMA PAUPERIS 
GERSHWIN A. DRAIN United States District Judge
Paris Hughes, currently confined at the Michigan Reformatory
in Ionia, Michigan, filed a petition for writ of habeas
corpus with this Court pursuant to 28 U.S.C. § 2254.
Hughes challenges his convictions for armed robbery, Mich.
Comp. Laws § 750.529; first-degree home invasion, Mich.
Comp. Laws § 750.110a(2); unlawful imprisonment, Mich.
Comp. Laws § 750.349b; two counts of felonious assault,
Mich. Comp. Laws § 750.82; felony-firearm, Mich. Comp.
Laws § 750. 227b; and possession of a short-barreled
shotgun, Mich. Comp. Laws § 750.224b. For the reasons
that follow, the petition for writ of habeas corpus is
was convicted following a jury trial in the Wayne County
Circuit Court. Petitioner's co-defendant, Chaz Jackson,
was tried separately and convicted of first-degree home
invasion. The 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
[Terrance] Minnifield, the victim, was at the gym on the
night in question when he received a phone call notifying him
that his house had been broken into. When he arrived home,
the alarm was still sounding, the side door was unlocked, and
his bedroom window was open. He called the police, who
arrived over an hour later, and who left after asking minimal
questions. Minnifield went into his basement and fell asleep
Minnifield awoke some time later to find two men standing
over him, one of whom was pointing a shotgun at his face.
Both men were wearing hooded sweatshirts and masks, so
Minnifield never saw their faces. The man with the shotgun
told Minnifield to turn off the security alarm. After
Minnifield turned off the alarm, the men laid Minnifield on
his stomach in the kitchen, bound his hands and feet with
duct tape, and duct-taped a towel around his head. One man
stayed with him, holding a shotgun to his back, while a
second looked through his house.
At some point during the burglary, the police arrived at
Minnifield's residence. One of the intruders untied
Minnifield and tried to take him back to the basement. On the
way to the basement, Minnifield was able to escape and run
outside. The two men inside the house fled and the police
officers pursued them. The police found defendant Hughes
nearby, lying next to a white car, as if trying to hide.
Hughes was sweating, he had a cut on his head, and he had
shotgun shells and a hockey mask in his pocket. Defendant
Jackson also was apprehended nearby trying to climb a fence.
He was out of breath and sweating profusely. He later told
the police that he was the lookout in the backyard, not one
of the men who entered the house. The police discovered the
shotgun on the floor in Minnifield's basement, a broken
window in the bedroom, and a bag full of tools and duct tape.
The house had been ransacked.
At Hughes' trial, Minnifield testified that he did not
keep any weapons in his house and that he had never seen the
shotgun used by his assailants before the night in question.
At Jackson's trial, approximately six weeks later,
Minnifield testified that the shotgun found in his house had
always been there and was for protection. Minnifield admitted
that he had lied about this fact at Hughes' trial because
he was scared of going to jail, as possession of the shotgun
was illegal. He claimed that all other testimony he gave was
People v. Hughes, No. 304182, 2013 WL 3021504, at
*1-2 (Mich. Ct. App. June 18, 2013).
conviction was affirmed on appeal. Id., lv.
den. 495 Mich. 939, 843 N.W.2d 243 (2014);
reconsideration den. 495 Mich. 997, 845 N.W.2d 115
filed a petition for writ of habeas corpus, which was held in
abeyance to permit him to return to the state court to
properly exhaust certain claims. Hughes v. Winn, No.
2:15-CV-12653, 2015 WL 5063292 (E.D. Mich. Aug. 27, 2015).
filed a post-conviction motion for relief from judgment,
which the trial court denied. People v. Hughes, No.
10-012684-02-FC (Wayne Cty. Cir. Ct., Jan. 29, 2016). Hughes
acknowledged that he did not appeal the denial of his post-
conviction motion to the Michigan appellate courts.
April 5, 2017, this Court granted Petitioner's Motion to
Lift the Stay and File an Amended Habeas Petition. In his
amended habeas petition, Petitioner seeks relief on the
A writ of habeas corpus should issue where, at a later trial
of the co-defendant, the complaining witness admitted he gave
perjured testimony on a material issue in petitioner's
Dkt. No. 10, p. 9 (Pg. ID 89).
Standard of Review
U.S.C. § 2254(d), as amended by The Antiterrorism and
Effective Death Penalty Act of 1996 (“AEDPA”),