Schauer v. McKee

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

ARTHUR J. TARNOW, District Judge.

David Schauer, (“Petitioner”), presently confined at Bellamy Creek Correctional Facility in Ionia, Michigan, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, in which he challenges his conviction for first-degree criminal sexual conduct, M.C.L.A. § 750.520b(l)(b). He was sentenced to fifteen to thirty years’ imprisonment. Because of prosecutorial misconduct of vouching for complainant and due to defense counsel’s ineffectiveness for not objecting to this…