Dye v. Hofbauer

OPINION

PETER C. ECONOMUS, District Judge.

I. OVERVIEW

The petitioner, Paul Allen Dye (“Dye”), a Michigan prisoner convicted of first-and second-degree murders, appeals from the district court’s judgment denying his 28 U.S.C. section 2254 petition for a writ of habeas corpus. The petition alleged, inter alia, prosecutorial misconduct.1 For the *429reasons set forth below, we find that the prosecutor’s misconduct was of a sufficient magnitude to violate Dye’s right to due process of law. Accordingly, we REVERSE the decision of the district court and issue the writ.

II. FACTUAL AND PROCEDURAL BACKGROUND