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CARROLL v. RENICO

No. 05-1319.

475 F.3d 708 (2007)

Jarmaine CARROLL, Petitioner-Appellant, v. Paul RENICO, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 2, 2007.

Attorney(s) appearing for the Case

ARGUED: Gerhardt A. Gosnell II, Chester, Willcox & Saxbe, Columbus, Ohio, for Appellant. Janet A. VanCleve, Office of the Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: Gerhardt A. Gosnell II, Sarah D. Morrison, Chester, Willcox & Saxbe, Columbus, Ohio, for Appellant. Janet A. VanCleve, Office of the Attorney General, Lansing, Michigan, for Appellee.

Before CLAY, ROGERS, and SUTTON, Circuit Judges.

ROGERS, J., delivered the opinion of the court, in which SUTTON, J., joined. CLAY, J. (pp. 714-18), delivered a separate opinion concurring in part and dissenting in part.

OPINION

ROGERS, Circuit Judge.

We affirm the district court's denial of Jarmaine Carroll's habeas petition because the Michigan state courts did not unreasonably apply United States Supreme Court precedent in holding (1) that the state trial court adequately dealt with an incident...

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