Dye v. Hofbauer

This appeal is before us for the second time, on remand from the Supreme Court following its reversal of our order affirming the district court’s judgment on procedural grounds. See Dye v. Hofbauer, 111 Fed.Appx. 363 (6th Cir.2004), cert. granted, 546 U.S. -, 126 S.Ct. 414, 163 L.Ed.2d 313, rev’d, 546 U.S. 1, 126 S.Ct. 5, 163 L.Ed.2d 1 (2005). We therefore return to a consideration of the merits of the issues raised on appeal from the district court’s denial of relief to petitioner Paul Allen Dye on his petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254.

Dye was tried…