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DAVIS v. LAFLER

No. 08-1291.

658 F.3d 525 (2011)

Tony DAVIS, Petitioner-Appellant, v. Blaine LAFLER, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 3, 2011.

Attorney(s) appearing for the Case

ARGUED: Micah S. Myers , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., for Appellant. Laura A. Cook , Office of the Michigan Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: Micah S. Myers , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C., for Appellant. Laura A. Cook , Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.

GILMAN, J., delivered the opinion of the court, in which BATCHELDER, C.J., BOGGS, GIBBONS, ROGERS, SUTTON, COOK, McKEAGUE, GRIFFIN, and KETHLEDGE, JJ., joined. MARTIN, J. (pp. 538-42), delivered a separate opinion concurring in part and dissenting in part, in which STRANCH, J., joined. MOORE, J. (pp. 542-48), delivered a separate dissenting opinion, in which COLE and CLAY, JJ., joined.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Tony Davis was convicted by a Michigan jury of aiding and abetting a carjacking and of receiving and concealing stolen property. He filed an application for leave to appeal his conviction with the Michigan Court of Appeals and the Michigan Supreme Court. Both courts denied Davis's application for lack of merit. Davis then sought a writ of habeas corpus in federal court, pursuant to 28 U.S.C. § 2254, to challenge...

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