United States Sixth Circuit

Denial of a petition for habeas corpus seeking to overturn a conviction for murder and attempted rape, based on evidence discovered subsequent to trial that implicated another person, is reversed in part, vacated in part, and remanded where the district court committed reversible error by not reviewing the entire trial record during its review of the habeas petition, and a motion to expand the record should have been granted.

Appellate Information

• Decided 04/14/2008
• Published 04/14/2008

Judges

• Before:  MARTIN and SUTTON, Circuit Judges;  OBERDORFER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Timothy G. Arnold, Department of Public Advocacy, Frankfort, Kentucky, for Appellant.  David W. Barr, Office of the Attorney General, Commonwealth of Kentucky, Frankfort, Kentucky, for Appellee.   ON BRIEF:  Timothy G. Arnold, Department of Public Advocacy, Frankfort, Kentucky, for Appellant.  Louis F. Mathias, Jr., Office of the Attorney General, Commonwealth of Kentucky, Frankfort, Kentucky, for Appellee.