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.
- Decided 04/23/2003
- Published 04/23/2003
- Before: SILER, DAUGHTREY, and GILMAN, Circuit Judges.
- United States Sixth Circuit
- 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.