Summary
This United States District Court order denies a pro se petition for a writ of habeas corpus filed by David Edward Davis challenging his state court convictions for assault with intent to commit murder and related firearm offenses. The court addresses claims of ineffective assistance of counsel regarding the admission of prior convictions and failure to request lesser-included offense jury instructions, as well as a claim regarding the trial court's instruction on transferred intent. Applying the deferential AEDPA standard of review, the court finds no constitutional violation or unreasonable application of federal law, ultimately denying the petition and declining to issue a certificate of appealability while granting leave to proceed in forma pauperis.
Topics
Practice areas
Questions Presented
- Whether trial counsel was ineffective for failing to suppress prior convictions and to request a lesser‑included offense instruction.
- Whether due process requires a lesser‑included offense instruction in a non‑capital case.
- Whether the transferred‑intent jury instruction violated due process.
- Whether the admission of prior convictions violated the First Amendment.
- Whether a certificate of appealability should be denied.
Holdings
- The ineffective‑assistance claims are denied because the alleged errors were harmless and did not prejudice the petitioner.
- No constitutional right exists to a lesser‑included offense instruction in non‑capital cases; the claim is denied.
- The transferred‑intent instruction was proper under Michigan law and does not constitute a due‑process violation; the claim is denied.
- The admission of prior convictions was permissible; the First Amendment claim is denied.
- The certificate of appealability is denied because reasonable jurists would not find the district court's assessment debatable.
Key quotations
““If the defendant intended to assault one person, but by mistake or accident assaulted another person, the crime is the same as if the first person had actually been assaulted.”” (M. Crim. JI 17.17)
““Simply put, ‘the Constitution does not require a lesser‑included‑offense instruction in non‑capital cases.’”” (McMullan v. Booker)
Factual background
David Edward Davis, while confined at the Cotton Correctional Facility, staged a fabricated domestic disturbance call, fired three shotgun rounds at police officers who approached his house, and surrendered after a standoff. He was convicted of two counts of assault with intent to commit murder, two counts of assault with intent to do great bodily harm, and several firearm offenses.
Procedural history
Petitioner filed a pro se habeas petition in the Eastern District of Michigan challenging his state convictions. The district court denied the petition and the certificate of appealability, but granted leave to appeal in forma pauperis.