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United States Sixth Circuit


Smith v. Berghuis, 06-1463

Denial of a petition for habeas relief from a conviction and life sentence for second degree murder and felony possession of a firearm is reversed where petitioner demonstrated a violation of his Sixth Amendment right to a jury drawn from a fair cross-section of the community, and the Michigan Supreme Court unreasonably applied federal law when it held that underrepresentation of African Americans county venire panels did not occur as a result of systematic exclusion.

Appellate Information

  • Decided 09/24/2008
  • Published 09/24/2008

Judges

Court

  • United States Sixth Circuit

Counsel

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