Payne v. Smith

OPINION AND ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS

O’MEARA, District Judge.

Petitioner Roger Payne, III, a state prisoner presently confined at the Straits Correctional Facility in Kincheloe, Michigan, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. 1 Petitioner was convicted of armed robbery and felony firearm following a jury trial in the Wayne County Circuit Court in 1982. He was sentenced to 25-50 years imprisonment on the robbery conviction and a consecutive term of two years imprisonment on the firearm conviction. In his pleadings, Petitioner…