United States District Court, E.D. Michigan, Southern Division
OPINION AND ORDER DISMISSING PETITION FOR WRIT OF
HABEAS CORPUS WITHOUT PREJUDICE AND DENYING CERTIFICATE OF
F. Cox U.S. District Judge
a habeas case filed under 28 U.S.C. § 2254. Petitioner
Michael Ray Thomas is a state inmate currently incarcerated
at the Saginaw Correctional Facility in Freeland, Michigan.
He challenges his convictions for possession of child
sexually abusive material, Mich. Comp. Laws 750.145c(4),
using a computer to commit possession of child sexually
abusive material, Mich. Comp. Laws § 752.796, and
unlawful use of the internet to solicit child sexually
abusive activity, Mich. Comp. Laws § 750.145.d. The
petition raises claims which have not been properly exhausted
in state court. The Court dismisses the petition for a writ
of habeas corpus without prejudice.
in Macomb County Circuit Court convicted Petitioner as set
forth above. On September 29, 2015, he was sentenced to
concurrent terms of one to four years for the possession of
child sexually abusive material conviction, one to seven
years for the unlawful use of a computer conviction, and 12
to 20 years for the unlawful use of the internet conviction.
filed an appeal of right in the Michigan Court of Appeals
raising these claims: (i) other act evidence improperly
admitted; (ii) prosecutor committed misconduct during closing
argument; (iii) verdict against the great weight of the
evidence; (iv) Brady violation; (v) ineffective
assistance of trial counsel; and (vi) prosecutor committed
misconduct throughout trial. The Michigan Court of Appeals
affirmed Petitioner's convictions. People v.
Thomas, No. 329750, 2017 WL 1967475 (Mich. Ct. App. May
11, 2017). Petitioner filed an application for leave to
appeal in the Michigan Supreme Court raising these claims:
(i) Brady violation; (ii) prosecutorial misconduct;
(iii) ineffective assistance of counsel; (iv) verdict against
the great weight of the evidence; (v) improper bind over;
(vi) improper application of Mich. Comp. Laws §
750.145d(2)(f) to secure conviction; and (vii) jury
instruction failed to set forth the solicitation element of
soliciting another person to commit crime. The Michigan
Supreme Court denied leave to appeal. People v.
Thomas, 907 N.W.2d 565 (Mich. March 5, 2018).
filed the pending habeas petition on April 18, 2018. He
raises these claims:
I. Improper use of 404(b) evidence.
II. Insufficiency of the evidence.
III. Prosecutorial Misconduct.
IV. Ineffective assistance of trial counsel.
V. Franks violation resulting in a constitutional
violation of my right to a reasonable search and seizure.
VI. Jury not instructed on essential elements of two charges.
VII. 443-day delay between the seizure and search of the
computers resulted in a violation of reasonable seizure, they
were never turned over to the defense for testing because