United States Sixth Circuit

Grant of a petition for habeas corpus is affirmed where: 1) the court could review the petition since petitioner agreed to dismiss with prejudice any unexhausted claims, and a quick resolution of the matter benefited both parties; 2) the state courts unreasonably applied the requirement for a Brady claim that undisclosed evidence would not have created a reasonable probability that the outcome at trial would have been different; and 3) the state forfeited its request to remand for an evidentiary hearing.

Appellate Information

• Decided 01/30/2009
• Published 01/30/2009

Judges

Court

• United States Sixth Circuit

Counsel