Dion Hardaway, Petitioner-Appellee/cross-Appellant v. Pamela Withrow, Respondent-Appellant/cross-Appellee

OPINION

DAVID A. NELSON, Circuit Judge.

This is a habeas corpus case brought by a man convicted in a Michigan court of second degree murder. The petitioner sought federal habeas relief on a variety of grounds, only two of which are of concern to us here. Both of the pertinent claims involve the state trial court’s jury instructions.

The first claim turns on whether the trial court did or did not furnish the jury a supplemental instruction on involuntary manslaughter, as opposed to voluntary manslaughter, after the jury asked for copies of the original instructions dealing with second degree…