United States Sixth Circuit

District court's denial of defendant's petition for a writ of habeas corpus following his conviction for sexual penetration with an uninformed partner by a person infected with AIDS is affirmed as defendant failed to demonstrate either that his trial counsel's failure to challenge five jurors permeated the entire trial with obvious unfairness, or that the trial court committed plain error by allowing the five jurors to serve on the jury.

Appellate Information

• Decided 12/09/2009
• Published 12/09/2009

Judges

• Before:  MOORE and GILMAN, Circuit Judges;  PHILLIPS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Ariel B. Waldman, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., for Appellant.  Mark G. Sands, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.   ON BRIEF:  Ariel B. Waldman, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., for Appellant.  William C. Campbell, Eric Restuccia, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.