Dye: Sixth Circuit reversed on habeas

In Dye v. Hofbauer, No. 04-8384 (Oct. 11, 2005), the Supreme Court reversed the denial of habeas relief to a Michigan defendant. The Court found that the Sixth Circuit was wrong on both reasons it gave for denying habeas relief. Contrary to this opinion, first, the inmate did raise in state court a constitutional challenge to the prosecutor’s misconduct during the jury trial, and, second, the inmate did raise this same claim with sufficient particularity in his federal habeas petition.