United States Sixth Circuit

District court's issuance of the writ of habeas corpus for a defendant claiming that the key witness in his murder trial was the shooter who killed the victim is reversed where: 1) the only significant evidence in the record showing what an uncalled witness would have testified, if produced, is a letter that actually implicates defendant for the shooting, not the key witness who testified against him; 2) it is clear from the record that defendant was not prejudiced by his lawyer's failure to locate and call the uncalled witness; and 3) the prosecutor's statements did not constitute improper vouching because the key witness's charge was in the record and his personal interest in the case was obvious to the jury.

Appellate Information

• Decided 12/15/2009
• Published 12/15/2009

Judges

• Before:  MERRITT, GIBBONS, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Brian O. Neill, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant.  Joan Ellerbusch Morgan, Sylvan Lake, Michigan, for Appellee.   ON BRIEF:  Brian O. Neill, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant.  Joan Ellerbusch Morgan, Sylvan Lake, Michigan, for Appellee.