Simmons v. Winn

James G. Carr, Sr. U.S. District Judge1

This is a state prisoner's habeas case under 28 U.S.C. § 2254.

In 2010, a jury in the Circuit Court of Wayne County, Michigan, convicted the petitioner, Paul Simmons, of the second degree murder of Elmon Bostic and an attendant firearms offense. The trial court imposed a twenty-to-forty year sentence on the murder conviction and a consecutive two-year sentence on the firearms conviction.

The Michigan courts affirmed the convictions on direct appeal, People v. Simmons , 2011 WL 3118802 (Mich. App. 2011), and rejected a collateral attack.

Simmons now seeks a…