James v. Corrigan, No. 22-1507 (6th Cir. 2023)
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James picked up Herald and Hickerson in a silver car. Driving around, the men got high and plotted to rob the Contreras home. At a gas station, Hickerson picked up black ski masks. Herald went home. Hours later, two armed, masked men invaded the Contreras home and shot Adrian five times, killing him. Adrian’s brothers returned fire, hitting Hickerson. The other intruder escaped in a silver car. Around 4 a.m. that day, James arrived at his friends’ house in a silver car, telling them he had attempted a robbery with Hickerson and that Hickerson had been shot. James later told Herald that he “left Johnny” and had thrown his gun in a lake. Police found a black ski mask two blocks from the Contreras house, with James’s DNA on it.
James was convicted of felony murder, home invasion, assault, and firearm offenses. The Michigan Court of Appeals rejected challenges to the sufficiency of the evidence, finding that Herald’s testimony was supported by “the location of the weapon” and that a “weapon” found near the crime scene had James’s DNA on it. No evidence supported those findings. Police never found the second intruder’s gun and did not find James's DNA on any weapons. The Sixth Circuit affirmed the denial of James’s federal habeas petition. Even serious errors do not warrant habeas relief by themselves. Petitioners need to show a violation of the Constitution or federal law. James has not.
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