Thomas Ross v. Mary Berghuis, Warden
Court of Appeals for the Sixth Circuit
1Opinion of the Court
OPINION
ROGERS, Circuit Judge.
Thomas Ross was convicted in Michigan of first-degree felony murder, based on the jury’s finding that Ross committed assault with intent to rob while unarmed (“AWIR-U”). Ross was sentenced to life in prison without the possibility of parole. Ross petitioned for habeas corpus, arguing that AWIR-U does not form a predicate offense for felony murder, and that Ross was therefore denied due process when he was convicted of first-degree murder. The State of Michigan moved for summary judgment, arguing that Ross’s habeas petition was untimely. The district court granted…
2Cases cited14 opinions
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- Dretke v. HaleySupreme Court of the United States · 2004
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