United States Sixth Circuit

In a first degree murder case, grant of a petition for a conditional writ of habeas corpus is affirmed in part and reversed in part where: 1) contrary to the district court's ruling, a claim of ineffective assistance of counsel was time-barred under 28 U.S.C. section 2244(d)(1); 2) a related due process claim was not time-barred; 3) admission of bite-mark evidence at trial violated her due process right to a fair trial; 4) court's conclusion that the testimony was not prejudicial was unreasonable under Supreme Court precedent; and 5) petitioner demonstrated both "cause" and "prejudice" for her failure to comply with Michigan's contemporaneous objection rule.

Appellate Information

• Decided 04/24/2007
• Published 04/24/2007

Judges

• Before:  BOGGS, Chief Judge;  MARTIN, Circuit Judge;  OLIVER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John S. Pallas, Oakland County Prosecutor's Office, Pontiac, Michigan, for Appellant.  Carole M. Stanyar, Detroit, Michigan, for Appellee.   ON BRIEF:  William C. Campbell, Office of the Attorney General, Lansing, Michigan, for Appellant.  Carole M. Stanyar, Detroit, Michigan, for Appellee.