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.

Brown v. Warren

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

June 11, 2019

ERIC BROWN, Petitioner,
v.
PATRICK WARREN, Respondent.

          OPINION AND ORDER (1) DENYING PETITION FOR WRIT OF HABEAS CORPUS, (2) DENYING CERTIFICATE OF APPEALABILITY, AND (3) DENYING PERMISSION TO APPEAL IN FORMA PAUPERIS

          HON. GERSHWIN A. DRAIN, UNITED STATES DISTRICT COURT JUDGE

         Eric Brown (“Petitioner”) filed this habeas case under 28 U.S.C. § 2254. Petitioner pled guilty in the Marquette Circuit Court to larceny from a person, MICH. COMP. LAWS § 750.357, and to being a fourth-time habitual felony offender. He was sentenced to ten to thirty years' imprisonment. The petition raises a single claim: Petitioner' sentence was disproportionate and unreasonable in violation of the Fifth, Eighth, and Fourteenth Amendments. The claim is without merit. The Court will deny the petition, and it will also deny a certificate of appealability and permission to appeal in forma pauperis.

         I. Background

         Petitioner was originally charged with armed robbery, assault with intent to do great bodily harm, and larceny from a person.

         The facts of this case involved Petitioner and his co-defendant meeting Cassandra Koval under the guise of completing a drug transaction. When they met with Koval, Petitioner pulled out a gun and demanded money. He obtained $185.00, and then kicked Koval in the stomach. Dkt. 10-3, at 19.

         On May 26, 2017, Petitioner pled no contest to larceny from a person and with being a fourth-time habitual felony offender pursuant to an agreement that dismissed the other charges. Dkt. 10-2. There was no sentence agreement.

         On July 21, 2017, he was sentenced to serve ten to thirty years in prison. Dkt. 10-3, at 22.

         Petitioner filed a delayed application for leave to appeal in the Michigan Court of Appeals. His application raised one claim:

I. Defendant-Appellant Eric Brown's sentence was disproportionate and unreasonable, in violation of U.S. Const, Ams V, VIII, XIV; Const 1963, art 1, § 17.

         The Michigan Court of Appeals denied the application for leave to appeal “for lack of merit in the grounds presented.” People v. Brown, No. 340836 (Mich. Ct. App. December 20, 2017). Petitioner s filed an application for leave to appeal in the Michigan Supreme Court which was denied by standard form order. People v. Brown, 915 N.W.2d 462 (Mich. 2018) (Table).

         II. Standard of Review

         28 U.S.C. § 2254(d)(1) curtails a federal court's review of constitutional claims raised by a state prisoner in a habeas action if the claims were adjudicated on the merits by the state courts. Relief is barred under this section unless the state court adjudication was “contrary to” or resulted in an “unreasonable application of” clearly established Supreme Court law.

         “Section 2254(d) reflects the view that habeas corpus is a guard against extreme malfunctions in the state criminal justice systems, not a substitute for ordinary error correction through appeal. . . . As a condition for obtaining habeas corpus from a federal court, a state prisoner must show that the state court's ruling on the claim being presented in federal court was so lacking in justification that there was an error well understood and comprehended in existing law beyond any possibility for fairminded disagreement.” Harrington v. Richter, 562 U.S.86, 103 (2011).

         III. ...


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.