Benson

DENIAL OF PETITION FOR WRIT OF HABEAS CORPUS

Now before the court is the petition for a writ of habeas corpus filed by state prisoner, Jane Ellyn Benson, pursuant to 28 U.S.C. § 2254 . Having reviewed the parties papers and carefully considered their arguments and the relevant legal authority, and good cause appearing, the court hereby DENIES petitioner’s petition.

INTRODUCTION

On June 15, 1987, Jane Ellyn Benson, (“petitioner”), went to the home of Elaine Wright (“Wright”) and her fiance, Joe McMahon (“McMahon”) believing that McMahon had stolen some of her property. Around 7 a.m., petitioner burst into the bedroom where McMahon and Wright were sleeping and screamed at them demanding the return of her property. Petitioner was carrying a Raven 25-caliber pistol in her right hand. She fired one shot into the floor, moved closer to the bed, and then fired a second shot in the same direction.

Petitioner left the bedroom with McMahon following her into the living room, and then walked back into the bedroom where Wright remained in bed. McMahon heard shouting, and then a third shot. McMahon and Melinda, Wright’s sister, ran into the bedroom and found petitioner standing several…