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.

Case: 11-2161

Document: 006111867299

Filed: 10/30/2013

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 11-2161

FILED

JESSE PEOPLES,
Petitioner - Appellant,

Oct 30, 2013
DEBORAH S. HUNT, Clerk

v.
BLAINE LAFLER, Warden,
Respondent - Appellee.
Before: COLE and DONALD, Circuit Judges; MARBLEY, District Judge.
JUDGMENT
On Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
THIS CAUSE was heard on the record from the district court and was argued by counsel.
IN CONSIDERATION WHEREOF, it is ORDERED that district court’s judgment with
regard to the ineffective assistance claim is PARTIALLY REVERSED and the case is

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.
IT IS FURTHER ORDERED that 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.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk