STATE OF MICHIGANIN THE CIRCUIT COURTFORTHE COUNTY OF WAYNE
PEOPLE
OF
THE
STATE
OF MICHIGAN,Plaintiff,
v
JUSTLY JOHNSON,Defendant.CaseNo.:99-005393-01Hon. James Callahan
DEFENDANT'S MOTION FORRELIEF FROM JUDGMENT
Bridget McCormack (P58537)David A. Moran (P45353)Imran Syed (P75415)Attorneys for DefendantChristiana SchmitzDaniel SignsStudent Attorneys for Defendant
MICHIGAN INNOCENCE CLINIC
University
of
Michigan Law School625
S.
State StreetAnn Arbor, MI 48109(734) 763-9353Byron Lichstein (Wisconsin Bar No. 1048483)Attorney for Defendant
WISCONSIN INNOCENCE PROJECT
University
of
Wisconsin Law School
975
Bascom MallMadison,
WI
53706(608) 265-2741
MOTION FOR RELIEF FROM JUDGMENT
Justly Johnson-by his attorneys Bridget McCormack, David Moran and Imran Syed
of
the Michigan IImocence Clinic; Byron Lichstein
of
the Wisconsin Innocence Project; and hisstudentattorneys Daniel Signs and Christiana Schmitz
of
the Michigan Innocence Clinic-asksthat this Court set aside the judgment
of
conviction and sentence
in
this case and order a newtrial,pursuant to MCR 6.501, and further states the following.
1.
After a bench trial in front
of
Judge Prentis Edwards in the Wayne County Circuit Court,No.99-5393, Mr. Johnson was convicted on January 12,2000, offelony murder, assault withintent
to
robwhilearmed, and possession
of
a firearm during the commission
of
a felony.
2.
On January 26, 2000, JudgeEdwards sentencedMr. Johnson to life in prisonwithoutparole.
He is currently incarcerated at the Gus Harrison Correctional Facility.3. Mr. Johnson appealed by right, and his convictions were affirmed on direct appeal by theCourt
of
Appeals (No. 228547) on March
26,2002.
The Michigan Supreme Court (No.121568) denied his application for leave to appeal on Dec. 4, 2002.
4.
James Albulov represented Mr. Johnson during preliminary matters. Sanford Schulmanrepresented Mr. Johnson at trial. Gerald
S.
Surowiec represented Mr. Johnson on appeal.
Mr.
Johnson
is
currently represented by Bridget McCormack, David Moran and Imran Syed
of
theMichiganInnocence Clinic at the University
of
Michigan Law School, and by ByronLichstein
of
the Wisconsin Innocence Project at the University
of
Wisconsin Law School.
He
does not request counsel from this court.5. Mr. Johnson has filed two prior motions for relieffrom judgment
in
pro per.
The trial courtdenied the first motion on March 16, 2004; the Court
of
Appeals and the MichiganSupremeCourtdenied leave to appeal. The trial court denied the second motion on April 15,2008;the
2
Court
of
Appealsand theMichigan SupremeCourt denied leave to appeal.
6.
Mr. Johnson filed a petition for habeas relief in theUnitedStates District Courtforthe
EasternDistrict
of
Michigan
inpro
per
on July 14, 2006. That same day he asked the court
to
hold the petition in abeyance while he pursued claims
of
newly discoveredevidence
in
statecourt.Thefederal district court granted his request.
7.
Mr. Johnson then filed a third motion for relieffrom judgment while represented by theWisconsin Innocence Project. The trial court denied this motion on February
2,
2010; theCourt
of
Appeals and the Michigan Supreme Court denied leave
to
appeal.
8.
On September
20,2011,
now represented by the Michigan InnocenceClinic(in addition
to
the Wisconsin Innocence Project), Mr. Johnson filed an amended habeas petition beforetheHon. Bernard
A.
Friedman
of
the Eastern District
of
Michigan. That same day, Mr. Johnsonasked the district court to hold
in
abeyance his amended habeas petition while he pursuesclaims
of
newly discovered evidence in state court. On October 12,2011, Judge Friedmangranted
Mr.
Johnson's motion
to
stay and hold
in
abeyance the habeas proceedings.
9.
This motion is properly before Judge James Callahan,
as
the successorjudge in JudgeEdwards's court.
10.
All
of
theissuesraised in Mr.Johnson
's
current motion for relieffromjudgment are newlydiscovered and were not raised in any previous motion or appeal before any court.
FACTUAL
BACKGROUND
11.
On May
9,
1999, around I:00a.m., Lisa Kindred was murdered on Bewick
St.
in Detroit.She was shot while waiting for her husbandinthe family's minivan with her three children.
12.
Afterbeing hit, Lisa Kindredsped
off
withherthree children still in the minivan, raced to agasstationapproximately two blocks away,got out
of
the car and collapsed. She was taken
3
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