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George v. Brewer

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

April 12, 2019

PSAUNTIA MARIE GEORGE, Petitioner,
v.
SHAWN BREWER, Respondent.

          HON. R. STEVEN WHALEN JUDGE.

          ORDER GRANTING PETITIONER'S MOTION TO HOLD HABEAS PETITION IN ABEYANCE [ECF NO. 3] AND CLOSING CASE FOR ADMINISTRATIVE PURPOSES

          TERRENCE G. BERG UNITED STATES DISTRICT JUDGE.

         Petitioner 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 administrative purposes.

         I. BACKGROUND

         Petitioner 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).

         Petitioner 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 conviction.
III. Petitioner received ineffective assistance of counsel.
IV. The prosecutor failed to provide requested exculpatory evidence.
V. The prosecutor committed misconduct by arguing facts not in evidence.
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 ...

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