Brian Bourne v. Cindi Curtin

OPINION

KETHLEDGE, Circuit Judge.

Brian Bourne filed a habeas petition challenging his murder conviction. He argues that the state trial court erred by failing to consult the parties before denying a jury request to re-hear trial testimony. And he claims his counsel was ineffective for failing to raise the issue on direct appeal. We affirm the denial of Bourne’s petition.

I

In 2002 the State of Michigan tried Bourne for the stabbing death of a police officer after a traffic stop. During deliberations, the jury sent a note to the judge asking to re-hear testimony from five witnesses. Without…