United States District Court, E.D. Michigan, Southern Division
R. STEVEN WHALEN JUDGE.
ORDER GRANTING PETITIONER'S MOTION TO HOLD HABEAS
PETITION IN ABEYANCE [ECF NO. 3] AND CLOSING CASE FOR
TERRENCE G. BERG UNITED STATES DISTRICT
Psauntia Marie George, a state prisoner at the Women's
Huron Valley Correctional Facility in Ypsilanti, Michigan,
has filed a pro se application for the writ
of habeas corpus under 28 U.S.C. § 2254. This habeas
petition challenges Petitioner's state conviction for
second-degree murder, Mich. Comp. Laws § 750.317,
raising eight grounds for relief. Also pending before the
Court is Petitioner's motion to hold this case in
abeyance while she pursues state remedies as to her
unexhausted claims. For the reasons that follow, the motion
for a stay will be granted and this case will be closed for
was tried before a jury in Wayne County Circuit Court and
found guilty of second-degree murder. On May 1, 2015, the
trial court sentenced Petitioner to prison for fifteen to
thirty years. Petitioner raised ten claims in an appeal of
right. The Michigan Court of Appeals affirmed her conviction
but remanded the matter for correction of her pre-sentence
investigation report (PSIR). See People v. George,
No. 327812, 2017 WL 908303 (Mich. Ct. App. Mar. 7, 2017). On
December 27, 2017, the Michigan Supreme Court denied her
leave to appeal because it was “not persuaded that the
questions presented should be reviewed by this Court.”
People v. George, 501 Mich. 947 (2017).
signed and dated her habeas corpus petition on February 13,
2019; the Clerk of the Court filed it on February 15, 2019.
The petition raises eight claims:
I. The trial court erred in denying Petitioner's motion
to suppress her statement to police.
II. Insufficient evidence supports Petitioner's
III. Petitioner received ineffective assistance of counsel.
IV. The prosecutor failed to provide requested exculpatory
V. The prosecutor committed misconduct by arguing facts not
VI. Instructing the jury on aiding and abetting denied
Petitioner a fair trial.
VII. The trial court erred in denying Petitioner's motion
to suppress evidence.
VIII. The trial court erred in denying Petitioner's
motion to suppress DNA evidence and an expert ...