In a murder prosecution, the district court's grant of a habeas petition is reversed where, even assuming state courts unreasonably applied federal law in determining that petitioner's guilty plea was not improper, the inquiry became whether the failure to consider manslaughter "had a substantial and injurious effect or influence" on the determination that he was guilty of second-degree murder, and it did not have such an effect.
Argued: June 11, 2009
Decided and Filed: September 8, 2009
Opinion by Judge Martin
Jerrold E. Schrotenboer, Jackson County Prosecutor's Office, Jackson, MI