United States Sixth Circuit

Denial of a motion to dismiss a 28 U.S.C. section 2254 petition based on laches was correct, where the state relied primarily on the extensive passage of time. Habeas relief based on ineffective assistance was proper where trial counsel failed to present potential alibi witnesses or emphasize flaws in the government's case.

Appellate Information

• Decided 02/10/2003
• Published 02/10/2003

Judges

• Before: BOGGS and DAUGHTREY, Circuit Judges;  WEBER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Lorenzo Matthews, Baraga Maximum Correction Facility, Baraga, MI, Nicholas Smith (argued), Northville, MI, James Sterling Lawrence (briefed), Detroit, MI, for Petitioner-Appellee., Laura Graves Moody (argued and briefed), Office of the Attorney General, Habeas Corpus Division, Lansing, MI, for Respondent-Appellant.