Legal Opinion

Thomas Ross v. Mary Berghuis, Warden

Court of Appeals for the Sixth Circuit

Decided August 2, 2005No. 03-2523PublishedCited by 45 opinions

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

  1. Schlup v. DeloSupreme Court of the United States · 1995
  2. Murray v. CarrierSupreme Court of the United States · 1986
  3. Sawyer v. WhitleySupreme Court of the United States · 1992
  4. Calderon v. ThompsonSupreme Court of the United States · 1998
  5. Dretke v. HaleySupreme Court of the United States · 2004

9 more not listed; retrieve them via the Exa API.

3Cited by45 opinions

  1. Akrawi v. BookerCourt of Appeals for the Sixth Circuit · 2009
  2. Craig v. WhiteCourt of Appeals for the Sixth Circuit · 2007
  3. Sowell v. CollinsDistrict Court, S.D. Ohio · 2008
  4. Akrawi v. BookerCourt of Appeals for the Sixth Circuit · 2009
  5. Avis v. AdamsDistrict Court, E.D. Kentucky · 2019

40 more not listed; retrieve them via the Exa API.

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