United States Sixth Circuit

In defendant's request for habeas relief from his convictions for first-degree felony murder, especially aggravated robbery, theft of property, and setting fire to personal property, district court's denial of the petition, but grant of certificate of appealability is affirmed where: 1) although the issue of impeaching evidence concerning the "jailhouse snitch" is uncomfortably close to the constitutional line, the undisclosed evidence was not material under Brady; 2) because defendant has not demonstrated that an agent's inaccurate testimony was material under the Brady-Napue-Giglio standard, he is not entitled to relief on his claim that the prosecution knowingly presented, and failed to correct, the false testimony of the agent concerning the fingerprint evidence; and 3) because the merits of defendant's claim depend entirely on the credibility of the informant's testimony, a rejection of that credibility necessitates a finding that defendant has not shown prosecutorial misconduct.

Appellate Information

• Argued 03/10/2010
• Decided 11/23/2010
• Published 11/23/2010

Judges

• GILMAN

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Michael C. Holley, James E. Gaylord