Legal Opinion

Drain v. Woods

District Court, E.D. Michigan

Decided November 2, 2012No. Case No. 10-11306PublishedCited by 8 opinions

1Opinion of the Court

OPINION AND ORDER CONDITIONALLY GRANTING A WRIT OF HABEAS CORPUS

ARTHUR J. TARNOW, Senior District Judge.

Petitioner James Drain has filed an application for the writ of habeas corpus pursuant to 28 U.S.C. § 2254. The pleading challenges Petitioner’s convictions for first-degree murder and two firearm offenses. Petitioner raises several claims regarding the selection of his jury, the sufficiency of the evidence, the jury instructions, the testimony of a key prosecution witness, his trial attorney, the state court’s denial of his motion for an evidentiary hearing, and the prosecutor’s conduct.

The…

2Cases cited96 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Jackson v. VirginiaSupreme Court of the United States · 1979
  3. Miller-El v. CockrellSupreme Court of the United States · 2003
  4. Williams v. TaylorSupreme Court of the United States · 2000
  5. Batson v. KentuckySupreme Court of the United States · 1986

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3Cited by8 opinions

  1. James Drain v. Jeffrey WoodsCourt of Appeals for the Sixth Circuit · 2014
  2. Butler v. NagyDistrict Court, E.D. Michigan · 2024
  3. Knight v. SmithDistrict Court, E.D. Michigan · 2019
  4. Morris v. HowardDistrict Court, E.D. Michigan · 2024
  5. People v. BlessettCalifornia Court of Appeal · 2018

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