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TUCKER v. PALMER

No. 07-1408.

541 F.3d 652 (2008)

Raymond TUCKER, Petitioner-Appellee, v. Carmen PALMER, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 4, 2008.

Attorney(s) appearing for the Case

ARGUED: Laura A. Cook, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. J. Philip Calabrese, Squire, Sanders & Dempsey, Cleveland, Ohio, for Appellee. ON BRIEF: Laura A. Cook, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. J. Philip Calabrese, Howard J.C. Nicols, Squire, Sanders & Dempsey, Cleveland, Ohio, for Appellee.

ACKERMAN, D. J., delivered the opinion of the court, in which SUTTON, J., joined. KEITH, J. (pp. 661-71), delivered a separate dissenting opinion.

OPINION

ACKERMAN, District Judge.

This case involves the conviction of a man for second-degree home invasion based exclusively upon the testimony of the homeowner, who saw the defendant climbing over the back yard fence and running away from the house. Here, we face the sobering issue of whether a man was unconstitutionally deprived of his liberty. We recognize that such an issue should never be addressed lightly, and so we have endeavored to carefully and...

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