District court’s denial of defendant’s petition for a writ of habeas corpus following his conviction for sexual penetration with an uninformed partner by a person infected with AIDS is affirmed as defendant failed to demonstrate either that his trial counsel’s failure to challenge five jurors permeated the entire trial with obvious unfairness, or that the trial court committed plain error by allowing the five jurors to serve on the jury. 

Read Holder v. Palmer, No. 07-1440

Appellate Information

Argued: June 17, 2009

Decided and Filed: December 9, 2009

Judges

Opinion by District Judge Phillips

Counsel

For Appellant:  Ariel B. Waldman, Wilmer Cutler Pickering Hale and Dorr LLP

For Appellee:   Mark G. Sands, Office of the Michigan Attorney General

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