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.

Williams v. Palmer

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

July 9, 2018

JESSE MACKLAMOR WILLIAMS, Petitioner,
v.
CARMEN D. PALMER, Respondent.

          OPINION AND ORDER DENYING THE PETITION FOR WRIT OF HABEAS CORPUS AND DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY OR LEAVE TO APPEAL IN FORMA PAUPERIS

          THOMAS L. LUDINGTON, UNITED STATES DISTRICT JUDGE.

         Petitioner Jesse Macklamor Williams is presently confined at the Michigan Reformatory in Ionia, Michigan. On October 5, 2017, Williams filed a pro se application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted by his plea of guilty in the Wayne County Circuit Court of carjacking, Mich. Comp Laws § 750.529a, and possession of a firearm in the commission of a felony, Mich. Comp Laws § 750.227b. Petitioner was sentenced to nine to twenty five years imprisonment on the carjacking conviction and two years in prison on the felony-firearm conviction. Petitioner alleges that the trial court erred in denying his motion to withdraw his plea of guilty, that he was denied the effective assistance of trial counsel, and that he was denied his right to a direct appeal and the effective assistance of appellate counsel. Respondent has filed an answer to the petition, asserting that the claims lack merit and/or are moot. For the following reasons, the petition will be denied.

         I.

         Petitioner pleaded guilty to carjacking and felony-firearm in the Wayne County Circuit Court. Pursuant to that agreement, the prosecutor agreed to dismiss three charges against Petitioner. There was also a Cobbs agreement that Petitioner would be sentenced to nine to twenty five years on the carjacking conviction, plus two years on the felony-firearm conviction.[1] Tr. 6/23/14, pp. 3-4. The judge advised Petitioner of the rights that he would be waiving by pleading guilty. Id. pp. 4-5. The following exchange took place between the judge and Petitioner:

THE COURT: If I accept your plea, you may not claim the plea was a result of promises or threats not disclosed to me?
MR. WILLIAMS: Yes.
THE COURT: And you may not claim it was not your choice to plead guilty?
MR. WILLIAMS: Yes.
THE COURT: If I accept your plea, any appeal of the conviction and sentence will be by application for leave to appeal and not by right, you understand that?
MR. WILLIAMS: Yes.
THE COURT: On March 24th, 2014, were you at 17615 Patton in the City of Detroit?
MR. WILLIAMS: Yes.
THE COURT: And did you steal a Dodge from a person by the name of Charles Bradford at the time he was in the vehicle?
MR. WILLIAMS: Yes.
THE COURT: And did you have a weapon at the time?
MR. WILLIAMS: Yes.
THE COURT: What was the weapon?
MR. WILLIAMS: AK-47.
THE COURT: And you used that in order to force him to get out of the car?
MR. WILLIAMS: Yes.
THE COURT: And you actually drove it away?
MR. WILLIAMS: Yes.

Id. pp. 5-6.

         On the day of sentencing, Petitioner moved to withdraw his guilty plea. The following exchange took place between Petitioner and the judge:

MR. WILLIAMS: Yes, your Honor, for the record, I wish to withdraw my plea today, your Honor, simply because I'm innocent of this crime. I wish to take a polygraph test to prove that I'm innocent. Also, I was coerced into taking this plea by force because I was pressured into this involuntarily and I was left without no choice. I was told by the judge that at the time the charges would be stacked if I didn't accept the plea and I was scared.
THE COURT: I didn't say it would, I said it could be.
MR. WILLIAMS: And I was scared and I didn't know what to do. I'm wishing to withdraw my plea today.
THE COURT: Well, the carjacking offense does carry a consecutive sentencing if you're convicted of all of the charges in the Information. So the sentence for carjacking, armed robbery, carrying a concealed weapon, felonious assault would be consecutive to the sentence for carjacking. And obviously the felony firearm is a mandatory two. And ...

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.