Corrine Melton v. Clarice Stovall ( 2011 )


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  •                 NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
    File Name: 11a0777n.06
    No. 10-2059                                     FILED
    UNITED STATES COURT OF APPEALS                             Nov 21, 2011
    FOR THE SIXTH CIRCUIT                          LEONARD GREEN, Clerk
    CORRINE MELTON,                                          )
    )         ON APPEAL FROM THE
    Petitioner-Appellant,                             )         UNITED STATES DISTRICT
    )         COURT FOR THE EASTERN
    v.                                                       )         DISTRICT OF MICHIGAN
    )
    CLARICE STOVALL,                                         )            MEMORANDUM
    )              OPINION
    Respondent-Appellee.                              )
    BEFORE:         SILER, McKEAGUE and STRANCH, Circuit Judges.
    PER CURIAM. Petitioner Corrine Melton was tried in 2004 and found guilty by a jury of
    several offenses under Michigan law: first degree home invasion, six counts of larceny of a firearm,
    larceny in a building, and possession of a firearm during the commission of a felony. The Tuscola
    County Circuit Court imposed several ten to twenty-five year prison sentences, to run concurrently,
    and a two-year prison term on the possession of a firearm offense, to run consecutively. The
    convictions and sentences were upheld by the Michigan Court of Appeals and Supreme Court.
    Petitioner’s subsequent petition for writ of habeas corpus was denied by the district court in a ten-
    page opinion issued on July 20, 2010. One issue has been certified for appeal. Petitioner contends
    the prosecution’s circumstantial case was comprised of constitutionally insufficient evidence to
    sustain her convictions.
    No. 10-2059
    Melton v. Stovall
    On appeal, petitioner reiterates her arguments that the prosecution’s case against her was
    devoid of physical evidence tying her to the alleged home invasion and theft of firearms. She
    maintains that the state’s circumstantial evidence was sufficient only to create suspicion that she was
    the perpetrator and could not support the jury’s finding that she was guilty beyond a reasonable
    doubt.
    Petitioner has not raised any argument that is not completely and properly addressed in the
    district court’s opinion. The district court correctly recognized that federal court review of the state
    courts’ rulings is limited by the constraints imposed by the Anti-Terrorism and Effective Death
    Penalty Act, 
    28 U.S.C. § 2254
    (d). The district court also recognized that assessment of the
    sufficiency of the evidence must be undertaken in the light most favorable to the prosecution, and
    that the jury’s verdict must be upheld unless no reasonable juror could have found the essential
    elements of the charged offenses established beyond a reasonable doubt. Having duly considered
    the district court’s opinion in light of petitioner’s appellate arguments, we find no error.
    Accordingly, finding that a separate opinion would be duplicative and unnecessary, we hereby
    AFFIRM the district court’s order denying the petition for writ of habeas corpus on the reasoning
    of its opinion.
    -2-
    

Document Info

Docket Number: 10-2059

Judges: Siler, McKeague, Stranch

Filed Date: 11/21/2011

Precedential Status: Non-Precedential

Modified Date: 11/5/2024