United States District Court, W.D. Pennsylvania
REPORT AND RECOMMENDATION
C. Mitchell, United States Magistrate Judge
respectfully recommended that the petition of Julian Bryant
for a writ of habeas corpus be dismissed, and because
reasonable jurists could not conclude that a basis for appeal
exists, that a certificate of appealability be denied.
Bryant, an inmate at the State Correctional
Institution-Fayette has presented a petition for a writ of
habeas corpus. Bryant is presently serving a twenty to
forty-year sentence imposed following his conviction by the
court of criminal attempt (homicide), two counts of
aggravated assault and acquitted on firearms violations at
No. CP-02-CR-10073-2011 in the Court of Common Pleas of
Allegheny County, Pennsylvania. This sentence was imposed on
October 29, 2012.
appeal was filed in the Superior Court in which the sole
issue presented was:
I. Was the evidence sufficient to establish attempted murder
as the intent here was to scare, not to kill, the
August 13, 2014, the judgment of sentence was
affirmed. Leave to appeal was denied by the
Pennsylvania Supreme Court on January 27, 2015.
timely post-conviction petition was filed on August 4, 2015
and denied. An appeal was filed in the Superior Court in
which petitioner claimed he was entitled to relief on the
basis that an improper mandatory minimum sentence had been
imposed under the deadly weapons enhancement while he had
been acquitted on the firearms charge. The denial of
post-conviction relief was affirmed on November 16,
and allowance of appeal was denied by the Pennsylvania
Supreme Court on June 27, 2018.
instant petition received on December 17, 2018, two issues
I. Did the state courts reversibly err in ruling that the
evidence established was sufficient to [demonstrate]
petitioner's intent to kill?
II. Did the state courts abuse discretion and reversibly err
in having overlooked the underlying basis of petitioner's
background to this prosecution is set forth in November 16,
2017 Memorandum of the Superior Court:
On the afternoon of June 18, 2011, the defendant, Julian
Bryant, fired six shots, wounding Kareem “Moose”
Howard. The victim, Mr. Howard, sustained three gunshot
wounds to his buttocks, one to his arm, one to his hip, and
one to his ear. The incident occurred at approximately 1:20
p.m. near the intersection of Frankstown Avenue ...