Matthew Pritchett v. Terry Pitcher, Respondent-Appellant,cross-Appellee

OPINION

BECKWITH, District Judge.

These cross-appeals arise from the December 15, 1995, decision of the district court granting Petitioner’s habeas corpus petition on his claim of prosecutorial misconduct and denying the petition on Petitioner’s claim that his confession was involuntary in violation of his right to counsel. We conclude that the district court erred in granting the petition on the basis of prosecutorial misconduct. Accordingly, we reverse, in part.

I

Petitioner was charged with the murder of Melvin Grey and with a felony firearm count. On June 8,1988, Petitioner surrendered…