Riley v. Berghuis

OPINION AND ORDER GRANTING PETITIONER’S APPLICATION FOR THE WRIT OF HABEAS CORPUS

TARNOW, District Judge.

Petitioner Robert Riley has filed an application for the writ of habeas corpus under 28 U.S.C. § 2254. The habeas petition attacks Petitioner’s state conviction for first-degree murder. Respondent urges the Court to deny the petition. Petitioner’s claim that he was denied effective assistance of counsel by trial counsel’s failure to move for a directed verdict has merit. Accordingly, the petition will be granted.

I. Background

On March 4, 1998, a circuit court jury in Wayne County, Michigan…