United States Sixth Circuit

Erroneous admission of non-testifying co-defendant's testimony that everything would be fine as long as another co-defendant did not kill victim, substantially prejudiced jury's determination that defendant possessed the mental state for first-degree felony murder.

Appellate Information

• Argued 04/25/2001
• Decided 11/19/2001
• Published 11/19/2001

Judges

• Before:  MARTIN, Chief Judge;  MOORE, Circuit Judge;  O'MALLEY, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Laura Graves Moody (argued and briefed), Office of the Attorney General, Habeas Corpus Division, Lansing, MI, for Appellant.


• For Appellees:
  
• David A. Moran (argued and briefed), State Appellate Defender Office, Detroit, MI, for Appellee.