United States Sixth Circuit

A conditional grant of habeas corpus relief to petitioner is affirmed where: 1) by abandoning the duty to cross-examine the key and only eyewitness against petitioner at trial, his attorney violated his Sixth Amendment right to the effective assistance of counsel; and 2) a state court's decision to the contrary represented an "unreasonable application" of clearly established Supreme Court precedent for AEDPA purposes.

Appellate Information

• Decided 11/20/2006
• Published 11/20/2006

Judges

• Before CLAY and GILMAN, Circuit Judges;  STAFFORD, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  William C. Campbell, Office of the Attorney General, Lansing, Michigan, for Appellant.  Chaundra C. King, Squire, Sanders & Dempsey, Cleveland, Ohio, for Appellee.   ON BRIEF:  William C. Campbell, Office of the Attorney General, Lansing, Michigan, for Appellant.   Chaundra C. King, Howard J.C. Nicols, Squire, Sanders & Dempsey, Cleveland, Ohio, for Appellee.