United States Sixth Circuit

An order conditionally granting petitioner habeas relief based on prosecutorial misconduct is reversed where: 1) the prosecutor relied in good faith on evidentiary rulings which permitted him to use prior bad acts evidence before trial to establish the identity of the perpetrator, and any evidence that went beyond the bounds of the ruling was harmless in view of the admissible evidence used to establish guilt; and 2) it was not improper for the prosecutor to call several witnesses liars since the statements were based on the record evidence, and any improper statements would be insufficiently flagrant to constitute plain error.

Appellate Information

• Decided 05/22/2008
• Published 05/22/2008

Judges

• Before:  DAUGHTREY and McKEAGUE, Circuit Judges;  GWIN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  B. Eric Restuccia, Office of the Michigan Attorney General, Appellate Division, Lansing, Michigan, for Respondent.   James Cristini, St. Louis, Michigan, pro se.