HARDAWAY v. WITHROW

Nos. 01-1456, 01-1506.

305 F.3d 558 (2002)

Dion HARDAWAY, Petitioner-Appellee/Cross-Appellant, v. Pamela WITHROW, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed September 30, 2002.


Attorney(s) appearing for the Case

Sanford Plotkin (briefed), Farmington Hills, MI, for Petitioner-Appellee/Cross-Appellant.

Carolyn M. Breen (briefed), Special Asst. Atty. Gen., Wayne County Prosecutor's Office, Detroit, MI, for Respondent-Appellant/Cross-Appellee.

Before NELSON, BOGGS, and NORRIS, Circuit Judges.


OPINION

DAVID A. NELSON, Circuit Judge.

This is a habeas corpus case brought by a man convicted in a Michigan court of second degree murder. The petitioner sought federal habeas relief on a variety of grounds, only two of which are of concern to us here. Both of the pertinent claims involve the state trial court's jury instructions.

The first claim turns on whether the trial court did or did not furnish the jury a supplemental instruction on involuntary...

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