Henry Clay Burks v. Charles Egeler, Warden, People of the State of Michigan

I respectfully dissent, and I would reverse the judgment of the district court and remand the case for an evidentiary hearing on the question whether the defense witnesses were so terrorized in the courthouse that they perjured themselves or refused to testify because of fear for their safety. The affidavit of trial defense counsel states that he was made aware of the threats made by a prosecution witness and that he communicated this fact to the trial judge. The affidavits of several intended defense witnesses that their lives were threatened if they dared to testify and that they did not…