# Phedrek Davis v. Debra Johnson

> Court of Appeals for the Sixth Circuit · September 20, 2016 · 661 F. App'x 869

URL: https://www.frixlaw.com/law-library/cases/9869188

## Case

- **Full name:** Phedrek T. DAVIS, Petitioner-Appellant, v. Debra K. JOHNSON, Warden, Respondent-Appellee
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** September 20, 2016
- **Citations:** 661 F. App'x 869
- **Precedential status:** Unpublished
- **Opinion:** Concurrence by Moore
- **Judges:** Moore, Rogers, Sentelle
- **Cited by:** 3 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/9869188

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9869188. Public record. Not legal advice.