Opinion

Thomas v. Garraghty

  • 18 F. App'x 301
Court
Court of Appeals for the Sixth Circuit
Filed
Aug 23, 2001
Status
Published
Author
Batchelder
On the bench
Batchelder, Bertelsman, Moore
Cited by
1 cases

The opinion

ALICE M. BATCHELDER, Circuit Judge,

concurring in the result only.

I respectfully concur in the result reached by the majority. The Michigan Court’s decision to deny the writ was not “contrary to, or involv[e] an unreasonable application of, clearly established Federal law, as determined by the Supreme Court *312 of the United States.” 28 U.S.C. § 2254 (d)(1).

However, I think the majority opinion unnecessarily digresses into a hypothetical discussion of how the outcome might be different given a different set of facts. The only question presented to this court is whether the Michigan Supreme Court applied Supreme Court precedent unreasonably. Having found that they did not, there is no need to speculate in dicta about the reasonableness of what the Michigan Court might have done if presented with another set of facts.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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