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Perryman v. Streeter

United States District Court, S.D. Mississippi, Northern Division

May 6, 2014

VICTOR PERRYMAN, Petitioner,
v.
WARDEN JESSE JAMES STREETER, Respondent.

REPORT AND RECOMMENDATION

F. KEITH BALL, Magistrate Judge.

I. INTRODUCTION

Victor Perryman was convicted of carjacking and aggravated assault in the Circuit Court of Copiah County, Mississippi. He was sentenced as a habitual offender to serve thirty years on the carjacking count and twenty years on the aggravated assault count, the sentences to run consecutively. The Mississippi Court of Appeals affirmed his conviction but modified his sentence for carjacking to fifteen years and a fine. Perryman v. State, 16 So.3d 41 (Miss. Ct. App. 2009). The Mississippi Supreme Court denied his petition for a writ of certiorari. His motion for post-conviction relief was denied.

Perryman then filed the present petition for a writ of habeas corpus pursuant to 28 U.S.C. ยง 2254, setting forth the following grounds for relief:[1]

1. The indictment was fatally defective.
2. There was insufficient evidence to convict him, as the State produced neither the alleged assault knife nor the vehicle that was supposedly the object of the carjacking.
3. The trial judge commented in the presence of the jury on Perryman's failure to testify.
4. The following acts and omissions by his defense attorney constituted ineffective assistance of counsel:
A. Requesting an erroneous jury instruction on the elements of carjacking.
B. Failing to object to the trial judge's comments regarding Perryman's failure to testify.
C. Failing to move to quash the indictment.
D. Producing at trial a photograph of the vehicle for no apparent reason other than to aid the prosecution.

Having considered these grounds for relief and having carefully reviewed the petition, the response, Perryman's reply, and the state court record, the ...


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