ROGERS v. HOWES

No. 96-1862.

144 F.3d 990 (1998)

Fred Harry ROGERS, Petitioner-Appellant, v. Carol HOWES, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 26, 1998.


Attorney(s) appearing for the Case

Theodore E. Hughes (briefed), Office of the Attorney General, Habeas Corpus Division, Lansing, MI, Douglas P. Dwyer, Wayne County Prosecutor's Office, Detroit, MI, for Respondent-Appellee.

Fred Harry Rogers (briefed), Kincheloe, MI, Petitioner-Appellant Pro Se.

Before: BOGGS, MOORE, and FARRIS, Circuit Judges.


MOORE, Circuit Judge.

We consider in this appeal whether the federal courts are procedurally barred from reviewing a habeas petition when the Michigan courts previously have held the petitioner's claims procedurally barred through retroactive application of MICHIGAN COURT RULE ("M.C.R.") 6.508(D)(3), which now prohibits the Michigan courts from granting relief to defendants who could have raised grounds for relief on direct appeal from a conviction and sentence or...

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