District court's denial of defendant's petition for a writ of habeas corpus following his conviction for sexual penetration with an uninformed partner by a person infected with AIDS is affirmed as defendant failed to demonstrate either that his trial counsel's failure to challenge five jurors permeated the entire trial with obvious unfairness, or that the trial court committed plain error by allowing the five jurors to serve on the jury.
Argued: June 17, 2009
Decided and Filed: December 9, 2009
Opinion by District Judge Phillips
For Appellant: Ariel B. Waldman, Wilmer Cutler Pickering Hale and Dorr LLP
For Appellee: Mark G. Sands, Office of the Michigan Attorney General