Desai v. Booker

OPINION AND ORDER CONDITIONALLY GRANTING PETITIONER’S AMENDED PETITION FOR A WRIT OF HABEAS CORPUS

MARIANNE O. BATTANI, District Judge.

I. INTRODUCTION

This matter is before the Court on Petitioner Jasubhai K. Desai amended petition for a writ of habeas corpus in which he challenges the constitutionality of his 2001 first-degree-murder conviction. Petitioner’s conviction occurred in the Third Circuit Court in Wayne County, Michigan, following a four-day jury trial. He is presently incarcerated at the Thumb Correctional Facility in Lapeer, Michigan, serving a life sentence for that conviction.

Peti…