United States Sixth Circuit

In a murder case, a grant of a conditional writ of habeas corpus is reversed where: 1) petitioner procedurally defaulted a Brady claim involving a jailhouse informant, and failed to show cause for the default; and 2) on a Brady claim involving an eyewitness, petitioner failed to rebut with clear and convincing evidence a state court's conclusion that there was no preexisting deal with the state.

Appellate Information

• Decided 05/04/2007
• Published 05/04/2007

Judges

• Before NORRIS, GILMAN, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Jerri L. Fosnaught, Office of the Attorney General, Columbus, Ohio, for Appellant.  J. Dean Carro, University of Akron School of Law, Akron, Ohio, for Appellee.   ON BRIEF:  Jerri L. Fosnaught, Office of the Attorney General, Columbus, Ohio, for Appellant.  J. Dean Carro, University of Akron School of Law, Akron, Ohio, for Appellee.