Oliver French, Jr. v. Kurt Jones

OPINION

GWIN, District Judge.

This case returns to us for a second time. With this appeal we examine wheth er the district court wrongly granted a writ of habeas corpus after a Michigan court gave a supplemental instruction to a deadlocked jury. The Michigan trial judge gave the supplemental instruction, which did not conform with the approved Michigan instruction, when the defendant’s attorney was not present.

At the earlier appeal to this Court, we vacated the district court’s order granting habeas relief and remanded the case for an evidentiary hearing. At that hearing, the district court was…