United States Sixth Circuit

In a murder prosecution, the district court's grant of a habeas petition is reversed where, even assuming state courts unreasonably applied federal law in determining that petitioner's guilty plea was not improper, the inquiry became whether the failure to consider manslaughter "had a substantial and injurious effect or influence" on the determination that he was guilty of second-degree murder, and it did not have such an effect.

Appellate Information

• Argued 06/11/2009
• Decided 09/08/2009
• Published 09/08/2009

Judges

• Before MARTIN and KETHLEDGE, Circuit Judges; WATSON, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Jerrold E. Schrotenboer, Jackson County Prosecutor's Office, Jackson, Michigan, for Appellant. Nathan S. Mammen, Kirkland & Ellis LLP, Washington, D.C., for Appellee. ON BRIEF:Jerrold E. Schrotenboer, Jackson County Prosecutor's Office, Jackson, Michigan, for Appellant. Nathan S. Mammen, Charles A. Fernández, Kirkland & Ellis LLP, Washington, D.C., for Appellee.