United States Sixth Circuit

Defendant's request for habeas relief from his convictions for murder and related crimes arising from a fatal arson is granted in part, denied in part and remanded where: 1) under the totality of the circumstances, habeas relief is denied as to a June 16th statement as he has not met his burden of showing circumstances so severe that there was a substantial risk that his will was overborne; 2) a state court's admission of the June 20th statement was an unreasonable application of Supreme Court precedent; 3) April statements were admitted contrary to Supreme Court precedent as agents unaffiliated with the prison isolated defendant and questioned him about an unrelated incident without first giving Miranda warnings; 4) in light of the strong role that the June 20th and April statements played in both the state's presentation of the case and the evidence against defendant, it is beyond question that the errors were not harmless as to the convictions that required as an essential element a specific intent to cause the death of another, and as such, his convictions for aggravated murder, murder, and attempted murder are void; and 5) defendant is not entitled to relief as to convictions for aggravated arson and five counts of felonious assault.

Appellate Information

• Argued 04/21/2010
• Decided 07/13/2010
• Published 07/13/2010

Judges

• MARTIN, JR., J.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Brian Fletcher, Gene D. Park