Couch v. Booker

OPINION

SUTTON, Circuit Judge.

A Michigan jury convicted Daniel Couch of second-degree murder, for which he is serving a 19-to-40 year sentence. The district court granted Couch’s petition for a writ of habeas corpus. Because Couch’s counsel rendered ineffective assistance by failing to investigate a causation defense, and because the state courts’ contrary conclusion violated the standards of the Anti- Terrorism and Effective Death Penalty Act, we affirm.

I

“This case arises from an incident that occurred when a party went awry.” People v. Collar, Nos. 233161, 233176, 2003 WL 21465335, at *1…