In a murder prosecution, the district court’s grant of a habeas petition is reversed where, even assuming state courts unreasonably applied federal law in determining that petitioner’s guilty plea was not improper, the inquiry became whether the failure to consider manslaughter “had a substantial and injurious effect or influence” on the determination that he was guilty of second-degree murder, and it did not have such an effect.
Read Ruelas v. Wolfenbarger, No. 08-1571
Appellate Information
Argued: June 11, 2009
Decided and Filed: September 8, 2009
Judges
Opinion by Judge Martin
Counsel
For Appellant:
Jerrold E. Schrotenboer, Jackson County Prosecutor’s Office, Jackson, MI
For Appellee:
Nathan S. Mammen, Kirkland & Ellis LLP, Washington, DC
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