Fran Sinistaj v. Sherry Burt

RYAN, Circuit Judge.

Sherry Burt, the warden of a Michigan prison facility, appeals from the district court’s order granting the petition for a writ of habeas corpus under 28 U.S.C. § 2254 brought by Fran Sinistaj, an inmate at the facility. Respondent Burt’s appeal raises several issues, but we shall address only two:

1) Whether the district court erred in finding that a state court’s “abuse of discretion” in deciding a criminal defendant’s motion to withdraw his waiver to a jury trial is a violation of federal law sufficient to support a writ of habeas corpus; and

2) Whether, under the…