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Perez v. Horton

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

July 5, 2018

Jacob M. Perez, Petitioner,
v.
Connie Horton, [1] Respondent,

          Elizabeth A. Stafford, United States Magistrate Judge

          OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS [1] AND DECLINING TO ISSUE CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS

          GERSHWIN A. DRAIN, UNITED STATES DISTRICT JUDGE

         I. Introduction

         Jacob M. Perez (“Petitioner”) is incarcerated at the Chippewa Correctional Facility in Kincheloe, Michigan. He has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Dkt. No. 1. In his pro se application, Perez challenges his conviction for second-degree murder, Mich. Comp. Laws § 750.317. He also challenges his sentence as a second felony habitual offender under Mich. Comp. Laws § 769.10. For the reasons stated below, the petition for a writ of habeas corpus is DENIED [1].

         II. Background

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

This case arises from the murder of Angela Vance in the home she shared with defendant in Flint. At trial, the prosecution sought, under MCL 768.27b, to introduce evidence of two prior incidents of domestic violence by defendant against Vance. Defense counsel objected and also moved to suppress statements that defendant made to a sheriff's deputy at the scene of the murder. The trial court admitted tapes of 911 calls concerning the previous incidents of domestic abuse, admitted the testimony of the police officers who responded to the previous incidents, and denied defendant's motion to suppress the challenged statements.

People v. Perez, No. 321016, 2015 WL 4599503, at *1 (Mich. Ct. App. July 30, 2015) (per curiam).

         The Michigan Court of Appeals affirmed Petitioner's conviction. Id., lv. den. 499 Mich. 858, 873 N.W.2d 580 (2016).

         And in this Court, Perez seeks habeas relief on the following grounds:

I. The trial court abused its discretion in admitting inflammatory evidence of prior assaults.
II. The trial court reversibly erred in denying the defense motion [sic] to suppress defendant-appellant's statements in response to questioning after he was taken into custody before he was advised of his Miranda rights.

Dkt. No. 1, p. 3 (Pg. ID 3).

         III. Standard of Review

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


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