Fred Harry Rogers v. Carol Howes

MOORE, Circuit Judge.

We consider in this appeal whether the federal courts are procedurally barred from reviewing a habeas petition when the Michigan courts previously have held the petitioner’s claims procedurally barred through retroactive application of Michigan Court Rule (“M.C.R.”) 6.508(D)(3), which now prohibits the Michigan courts from granting relief to defendants who could have raised grounds for relief on direct appeal from a conviction and sentence or in a prior motion for relief from judgment absent a demonstration of cause and prejudice. Federal courts will not review a habeas…