This convicted murderer petitions for writ of habeas corpus. His official middle name in the court record is Ninja. Habeas denied.
Case No. 3:12-cv-00998
UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE, NASHVILLE DIVISION
January 31, 2013, Filed
Opinion by US District Judge Kevin H. Sharp.
Petitioner Le’Mar Ninja Delvon Brooks was convicted …March 22, 2001… on two counts of first degree murder by a jury and sentenced to two consecutive life prison terms.
Footnote1: Under Tennessee law, this means that the petitioner must serve one hundred and four years in prison before becoming eligible for parole. (See ECF No. 10-20, at 15:18-19.)
This case is somewhat troubling precisely because the State’s evidence was scant and contradictory, and the petitioner’s trial counsel clearly did not do all he could have done to call the State’s marginal evidence into question. The fact that a young man was given an effective sentence of 104 years on such slim evidence is further cause of concern. Notwithstanding, it is not this Court’s prerogative to review the evidence, or to second-guess the state courts’ decisions. Rather, this Court must simply consider whether the state court’s adjudication of the petitioner’s claims was contrary to, or involved an unreasonable application of, clearly established federal law, or if it involved an unreasonable determination of the facts in light of the evidence. 28 U.S.C. § 2254(d). Under this standard, the petitioner has not established that he is entitled to relief on the basis of any of his claims. The petition must therefore be denied.