United States Sixth Circuit

In a conviction for first-degree murder, assault with intent to commit murder, and several firearms-related charges, denial of writ of habeas corpus is affirmed in part, reversed in part, and remanded where: 1) petitioner did not waive his Fifth Amendment rights when he sat in silence for nearly three hours in response to questioning and repeated invitations to tell his side of the story; 2) the state court unreasonably applied clearly established federal law, namely Miranda v. Arizona and North Carolina v. Butler; and 3) petitioner's claim of prosecutorial misconduct lacked merit because although an error occurred, the parties responsible for that error were petitioner's attorney and the trial judge, not the prosecutor.

Appellate Information

• Decided 11/19/2008
• Published 11/19/2008

Judges

Court

• United States Sixth Circuit

Counsel