Banks v. Jackson

ROGERS, Circuit Judge.

Homer Banks appeals the district court’s decision denying Banks’ petition for a writ of habeas corpus. In 1994, Banks was convicted in Michigan of two counts of first-degree murder. Among other claims on appeal, Banks alleges that he learned, after the completion of his state appeals and postconviction applications, that the prosecutor in his case had sought before trial to offer Banks a plea bargain. Banks alleges that his attorney rendered ineffective assistance by declining the offer without consulting Banks. Because Banks has not exhausted state remedies in pursuing…