United States Sixth Circuit

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MCKENZIE v. SMITH, 01-1824

Given the circumstances of a child's out-of-court statement and the lack of any corroborating evidence, on the record petitioner's conviction of assault with intent to murder is not supported by constitutionally sufficient evidence.

Appellate Information

  • Decided 04/23/2003
  • Published 04/23/2003

Judges

  • Before:  SILER, DAUGHTREY, and GILMAN, Circuit Judges.

Court

  • United States Sixth Circuit

Counsel

  • For Appellant:
  • Andrew N. Wise (briefed), Nancy L. McGunn (argued and briefed), Federal Public Defenders Office, Detroit, MI, for Petitioner-Appellant.

  • For Appellees:
  • William C. Campbell (briefed), Office of Attorney General, Habeas Corpus Division, Lansing, MI, Raina I. Korbakis (argued), State of Michigan, Department of Attorney General, Lansing, MI, for Respondent-Appellee.