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GARTH v. DAVIS

No. 05-3084.

470 F.3d 702 (2006)

Faraji Omar GARTH, Petitioner-Appellee, v. Cecil DAVIS, Superintendent of the Indiana State Prison, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided December 11, 2006.

Attorney(s) appearing for the Case

Matthew B. Burke (argued), Mayer, Brown, Rowe & Maw, Chicago, IL, for Petitioner-Appellee.

Andrew K. Kobe (argued), Office of the Attorney General, Indianapolis, IN, for Respondent-Appellant.

Before BAUER, KANNE, and ROVNER, Circuit Judges.

KANNE, Circuit Judge.

Faraji Omar Garth ("Garth") was convicted of robbery and of being an accomplice to attempted murder. The State alleged that Garth and his brother, Ahman Garth ("Ahman"), along with two others, robbed a convenience store and attempted to kill the clerk. After his conviction was affirmed on direct appeal, Garth filed a petition for relief in federal court under 28 U.S.C. § 2254 claiming that the jury instruction given at the state trial, regarding...

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