This case involves a “horrific” crime, the petitioner here convicted twice for the crime after the first conviction overturned for reliance on bite marks that defense counsel ineffectively failed to object to, the second conviction is reviewed here and is denied habeas relief.
CASE NO. 5:11-CV-10573
UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF MICHIGAN, SOUTHERN DIVISION
Decided November 30, 2012 in opinion by US Magistrate Judge Paul J. Komives:
Full details of the murder are summarized from the Sixth Circuit, the relevant portion being the following quote:
Defendant [petitioner in this case] denied involvement in the murder, and said that “if she … ha[d] done it she would have dressed up like a Ninja and waited” at the victim’s home.
After review of the records, this Court concludes:
As the Michigan Court of Appeals observed on direct appeal following petitioner’s first conviction, “[t]his is a troubling case. The crime is horrific. The initial investigation was deficient. Defendant was not charged until nine years after the murder. There are others who are logical suspects. No one saw defendant at the scene the evening of the murder. No physical evidence links defendant to the crime[.]” People v. Ege, No. 173448, 1996 Mich. App. LEXIS 1805, 1996 WL 33359075, at *1 n. 1 (Mich. Ct. App. Sept., 17, 1996). Nevertheless, the standard for relief under § 2254(d) “is difficult to meet, [and] that is because it was meant to be.” Harrington v. Richter, 131 S. Ct. 770, 786, 178 L. Ed. 2d 624 (2011). As the Court explained, “[s]ection 2254(d) reflects the view that habeas corpus is a ‘guard against extreme malfunctions in the state criminal justice system,’ not a substitute for ordinary error correction through appeal.” Id. (quoting Jackson, 443 U.S. at 332 n.5 (Stevens, J., concurring in the judgment)).