Couch v. Booker

OPINION AND ORDER CONDITIONALLY GRANTING THE PETITION FOR WRIT OF HABEAS CORPUS

ARTHUR J. TARNOW, District Judge.

Daniel Barry Couch, (“Petitioner”), filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, in which he challenges his conviction for second-degree murder, M.C.L.A. 750.317. Because petitioner was denied the right to retain the counsel of his choice and was also denied the effective assistance of trial counsel by his court-appointed attorney, the petition for writ of habeas corpus is conditionally granted.

I. Background

Petitioner was convicted following a jury trial…