United States Sixth Circuit

In habeas proceedings involving a defendant convicted of attempted murder and felonious assault, district court's judgment finding that a state court unreasonably applied Supreme Court precedent when it determined that the trial court's declaration of a mistrial was manifestly necessary (and therefore not a violation of petitioner's Fifth Amendment rights) is reversed where the district court not only failed to abide by the deference required of Washington itself, but violated the AEDPA in concluding that the state court unreasonably applied Washington.

Appellate Information

• Argued 01/19/2010
• Decided 03/12/2010
• Published 03/12/2010

Judges

• Before: SUHRHEINRICH, McKEAGUE, and KETHLEDGE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Elizabeth Ann Matune, Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. Dennis C. Belli, Columbus, Ohio, for Appellee. ON BRIEF:Elizabeth Ann Matune, Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. Dennis C. Belli, Columbus, Ohio, for Appellee.