Brandon Michael Dupuis v. Kim Cargor

Summary

The United States District Court for the Eastern District of Michigan denied Brandon Michael Dupuis’s petition for a writ of habeas corpus under 28 U.S.C. § 2254, challenging his Michigan convictions and the admission of surveillance footage and text messages. The court denied a certificate of appealability but granted leave to appeal in forma pauperis.

Holdings

1. The failure to instruct the jury on lesser-included offenses in this noncapital case did not present a cognizable federal habeas claim because the Supreme Court has never held that the Due Process Clause requires such an instruction in a noncapital case.
2. Claims that the state court improperly authenticated surveillance footage and text messages or admitted hearsay under Michigan evidence law are not cognizable on federal habeas review and do not entitle Dupuis to relief.
3. A certificate of appealability is denied because Dupuis failed to make a substantial showing of the denial of a constitutional right and reasonable jurists would not debate the resolution of his claims.

Questions Presented

1. Whether the denial of lesser-included-offense jury instructions in Dupuis's noncapital Michigan prosecution violated due process and entitled him to federal habeas relief.
2. Whether the admission of surveillance footage and phone text messages, allegedly unauthenticated and containing hearsay, violated the Constitution or otherwise supported federal habeas relief.

Disposition

dismissed