Fleming v. Metrish

Respondent Linda Metrish, Warden of Michigan’s Kinross Correctional Facility, appeals from the district court’s judgment granting Petitioner Stephen Fleming’s application for a writ of habeas corpus under 28 U.S.C. § 2254. In his habeas petition, Fleming challenges his convictions for second-degree murder and possession of a firearm during the commission of a felony on the grounds that: (1) the trial court should have excluded his confession under Michigan v. Mosley, 423 U.S. 96, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975), because the police failed to “scrupulously honor” his assertion of his Fifth…