Opinion

Phedrek Davis v. Debra Johnson

  • 661 F. App'x 869
Court
Court of Appeals for the Sixth Circuit
Filed
Sep 20, 2016
Status
Unpublished
Author
Moore
On the bench
Moore, Rogers, Sentelle
Cited by
3 cases
Authority
More cited than 13.3%

holding a state prisoner must “do more than point to the state court’s silence to defeat Richter’s strong presumption that the state court adjudicated his claim” on the merits

How later courts described this case

  • holding a state prisoner must “do more than point to the state court’s silence to defeat Richter’s strong presumption that the state court adjudicated his claim” on the merits
  • “That the state court here did not identify the relevant federal standard by name . . . does not, by itself, speak to the decision’s conformity with clearly established federal law for the purposes of § 2254(d)(1).”

Written by the judges who cited it.

The opinion

KAREN NELSON MOORE, Circuit . Judge,

concurring in the judgment.

Habeas courts may not grant relief unless “there is no possibility fairminded jurists could disagree that the state court’s decision conflicts with [Supreme Court] precedents.” Harrington v. Richter, 562 U.S. 86, 102 , 131 S.Ct. 770 , 178 L.Ed.2d 624 (2011). Although fair-minded jurists could possibly characterize the prosecutor’s statements as reasonable inferences that the various bullet components matched up, equally fair-minded jurists could more logically characterize the prosecutor’s statements as misstatements of the evidence, which was inconclusive on this point. Under these circumstances, applying Richter and the Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C. § 2254 (d), I concur in the judgment affirming the denial of habeas relief.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.