DAVIS v. BOOKER

No. 09-1140.

589 F.3d 302 (2009)

Thomas DAVIS, Petitioner-Appellee, v. Raymond BOOKER, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 15, 2009.


Attorney(s) appearing for the Case

ARGUED: Brian O. Neill, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Joan Ellerbusch Morgan, Sylvan Lake, Michigan, for Appellee. ON BRIEF: Brian O. Neill, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Joan Ellerbusch Morgan, Sylvan Lake, Michigan, for Appellee.

Before: MERRITT, GIBBONS, and McKEAGUE, Circuit Judges.


OPINION

MERRITT, Circuit Judge.

In 1998, Thomas Davis and John Wilder were in a car attempting to purchase drugs from Troy Prewitt when one of them shot and killed Prewitt. Davis, the habeas petitioner here, was charged with murder in Michigan state court and convicted by a jury. The main factual question at trial was whether Davis or Wilder was the shooter. Wilder was a key witness against Davis at trial and testified that Wilder was merely driving Davis...

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