Jesse Peoples v. Blaine Lafler

Filing

OPINION and JUDGMENT filed: The district court's judgment with regard to the ineffective assistance claim is PARTIALLY REVERSED and the case REMANDED with instructions to conditionally GRANT a writ of habeas corpus, giving the State of Michigan ninety days to retry Peoples or release him from custody. The judgment with regard to the insufficiency of the evidence and the ex parte jury instruction claims are AFFIRMED. The prosecutorial misconduct claim is rendered MOOT by our remand. Decision for publication. R. Guy Cole, Jr. and Bernice Bouie Donald (AUTHORING), Circuit Judges; Algenon L. Marbley, U.S. District Judge for the Southern District of Ohio, sitting by designation.

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Case: 11-2161 Document: 006111867251 Filed: 10/30/2013 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Deborah S. Hunt Clerk Tel. (513) 564-7000 www.ca6.uscourts.gov Filed: October 30, 2013 Ms. Andrea Marion Christensen Ms. Laura Graves Moody Office of the Michigan Attorney General P.O. Box 30217 Lansing, MI 48909 Mr. Colter Lawrence Paulson Squire Sanders 221 E. Fourth Street, Suite 2900 Cincinnati, OH 45202 Re: Case No. 11-2161, Jesse Peoples v. Blaine Lafler Originating Case No. : 2:06-cv-12281 Dear Counsel, The court today announced its decision in the above-styled case. Enclosed is a copy of the court's opinion together with the judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure. Yours very truly, Deborah S. Hunt, Clerk Cathryn Lovely Deputy Clerk cc: Mr. David J. Weaver Enclosures Mandate to issue.

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