United States District Court, E.D. Michigan, Southern Division
OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS
CORPUS AND DENYING CERTIFICATE OF APPEALABILITY
F. Cox United States District Judge
Devin Cleveland seeks habeas corpus relief under 28 U.S.C.
§ 2254. Petitioner is a state prisoner in the custody of
the Michigan Department of Corrections pursuant to
convictions for first-degree home invasion, Mich. Comp. Laws
§ 750.110a(2)a, and unarmed robbery, Mich. Comp. Laws
§ 750.530. He seeks relief on the grounds that his
convictions are against the great weight of the evidence and
insufficient evidence supported his convictions. Respondent
argues that Petitioner's claims lack merit. For the
reasons set forth below, the Court denies the petition and
denies a certificate of appealability.
convictions arise from a home invasion at the home of Raymond
and Aletha Stewart in Detroit, Michigan. The Michigan Court
of Appeals provided the following summary of the facts
adduced at trial leading to Petitioner's convictions:
On the evening of May 30, 2014, the Stewart family returned
home to find their various household electronics piled near
the front door. The family patriarch entered to investigate
and discovered that someone had broken a bathroom window to
enter the home. Mr. Stewart surprised defendant who was
standing in a bedroom. Although the house was dark, Mr.
Stewart observed defendant in the glow of a neighbor's
flood light that shined through the window. Defendant jumped
out of the bedroom window, dropping his cell phone in the
process. Defendant's ownership of the phone was
established because his photograph was the home screen image
and because defendant later told Mrs. Stewart that it
belonged to him. Mr. Stewart chased and apprehended defendant
and restrained him until the police arrived. Defendant
resisted, grabbing and “swing[ing]” at Mr.
Stewart. Thereafter, the Stewarts reported that three
televisions and a laptop computer were missing from the home.
People v. Cleveland, No. 2016 WL 683164 at *1 (Mich.
Ct. App. Feb. 18, 2016).
a bench trial in Wayne County Circuit Court, Petitioner was
convicted of first-degree home invasion and unarmed robbery.
On October 7, 2014, he was sentenced to 9 to 20 years for the
home invasion conviction and 3 to 20 years for the unarmed
robbery conviction. He filed an appeal of right in the
Michigan Court of Appeals, raising the claims raised in this
petition. The Michigan Court of Appeals affirmed
Petitioner's convictions. Id. The Michigan
Supreme Court denied Petitioner's subsequent application
for leave to appeal. People v. Cleveland, 500 Mich.
then filed the pending habeas corpus petition. He raises
I. Petitioner's convictions for home invasion and unarmed
robbery are against the great weight of the evidence.
II. There was insufficient evidence to convict Petitioner of
home invasion and armed robbery.
has filed an answer in opposition arguing that the claims are
of this case is governed by the Antiterrorism and Effective
Death Penalty Act of 1996 (“AEDPA”). Under the
AEDPA, a state prisoner is entitled to a writ of habeas
corpus only if he can show that the state court's
adjudication of his claims -
(1) resulted in a decision that was contrary to, or involved
an unreasonable application of, clearly established Federal
law, as determined by the ...