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RILEY v. BERGHUIS

No. 05-2559.

481 F.3d 315 (2007)

Robert RILEY, Petitioner-Appellee, v. Mary BERGHUIS, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 3, 2007.

Attorney(s) appearing for the Case

ARGUED: Brad H. Beaver, Office of the Attorney General, Lansing, Michigan, for Appellant. Louis K. Fisher, Jones Day, Washington, D.C., for Appellee.

ON BRIEF: Brad H. Beaver, Office of the Attorney General, Lansing, Michigan, for Appellant. Louis K. Fisher, Jones Day, Washington, D.C., for Appellee.

Before: NORRIS, COLE, and CLAY, Circuit Judges.

OPINION

R. GUY COLE, JR., Circuit Judge.

In 1998, Petitioner-Appellee Robert Riley was convicted in Michigan state court of aiding and abetting the felony murder of Mark Seaton, and sentenced to life in prison without parole. On direct appeal, Riley argued that he was deprived of the effective assistance of counsel because his trial attorney failed to move for a directed verdict of acquittal at the close of the State's case-in-chief. The Michigan Supreme...

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