# Eugene Brown v. Kenneth McKee

> Court of Appeals for the Sixth Circuit · February 29, 2012 · 460 F. App'x 567

URL: https://www.frixlaw.com/law-library/cases/9485432

## Case

- **Full name:** Eugene BROWN, Petitioner-Appellant, v. Kenneth T. McKEE, Warden, Respondent-Appellee
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** February 29, 2012
- **Citations:** 460 F. App'x 567
- **Precedential status:** Unpublished
- **Opinion:** Concurrence by Merritt
- **Judges:** Cole, Merritt, Varlan
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9485432

## Opinion text

MERRITT, Circuit Judge,
concurring.
I concur in the court’s opinion because Article III judges have so little room left for judgment now under the AEDPA standard which a unanimous Supreme Court has recently described as allowing habeas only “as a guard against extreme malfunctions in the state criminal justice systems and not as a means of error correction.” Greene v. Fisher, — U.S. -, 132 S.Ct. 38, 43 , 181 L.Ed.2d 336 (2011) (internal quotation marks omitted). Thus, the fact that the petitioner did not receive effective counsel must also rise to the level of an “extreme malfunction” of the system of criminal justice. I assume that this now means not only a constitutional error but also an unconscionable result. The case does not rise to that level.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9485432. Public record. Not legal advice.