The Sixth Circuit Court of Appeals has unanimously reversed a grant of habeas relief to Michigan Department of Corrections prisoner Omar Pouncy, 37, previously of Genesee County, originally issued by the U.S. District Court for the Eastern District of Michigan, announced Michigan Attorney General Dana Nessel.
“Habeas petitions are meant to address egregious and profound violations of federal constitutional rights,” Nessel said. “I am pleased the Sixth Circuit reversed this decision to ensure these petitions are not abused, to uphold the rule of law, and to ensure finality for the victims of Pouncy’s criminal conduct.”
Pouncy was initially charged in 2005 with committing multiple carjackings and armed robberies in Genesee County. During his trial, Pouncy chose to represent himself and was found guilty by a Genesee County jury in 2006 on four counts of carjacking, four counts of armed robbery, two counts of carrying a firearm while committing a felony, and one count of being a felon in possession of a firearm. The trial court sentenced Pouncy, as a habitual offender, to a lengthy term of incarceration. In 2013, Pouncy filed for federal habeas corpus relief to challenge the legality of his imprisonment, and in 2016, the U.S. District Court granted habeas relief to Pouncy in the form of a new trial, finding that he faced a Hobson’s Choice of proceeding to trial with an ineffective attorney or representing himself. The
Department of Attorney General appealed the decision, and in 2017, the Sixth Circuit Court reversed the grant of habeas relief.
In 2021, the U.S. District Court granted habeas relief on another ground – that Pouncy’s trial counsel, before he invoked the right to represent himself, had failed to secure a more favorable plea agreement than the one offered by the prosecution. Attorney General Nessel again appealed the decision, which was reversed by the Sixth Circuit Court last week.
“Habeas petitions are meant to address egregious and profound violations of federal constitutional rights,” Nessel said. “I am pleased the Sixth Circuit reversed this decision to ensure these petitions are not abused, to uphold the rule of law, and to ensure finality for the victims of Pouncy’s criminal conduct.”
Pouncy was initially charged in 2005 with committing multiple carjackings and armed robberies in Genesee County. During his trial, Pouncy chose to represent himself and was found guilty by a Genesee County jury in 2006 on four counts of carjacking, four counts of armed robbery, two counts of carrying a firearm while committing a felony, and one count of being a felon in possession of a firearm. The trial court sentenced Pouncy, as a habitual offender, to a lengthy term of incarceration. In 2013, Pouncy filed for federal habeas corpus relief to challenge the legality of his imprisonment, and in 2016, the U.S. District Court granted habeas relief to Pouncy in the form of a new trial, finding that he faced a Hobson’s Choice of proceeding to trial with an ineffective attorney or representing himself. The
Department of Attorney General appealed the decision, and in 2017, the Sixth Circuit Court reversed the grant of habeas relief.
In 2021, the U.S. District Court granted habeas relief on another ground – that Pouncy’s trial counsel, before he invoked the right to represent himself, had failed to secure a more favorable plea agreement than the one offered by the prosecution. Attorney General Nessel again appealed the decision, which was reversed by the Sixth Circuit Court last week.
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