Hardaway v. Robinson, No. 08-1156 (6th Cir. 2011)
Annotate this CaseConvicted of killing a Detroit police officer in 1993 and sentenced as a habitual offender to consecutive terms of 40-80 years in prison for murder and five years for a felony firearm conviction, the defendant exhausted his opportunities for relief in state court. Following a remand from appeal of a dismissal for untimely filing, the district court denied a petition for habeas corpus. The Sixth Circuit remanded. Reversal is required because defense counsel faile to file a timely brief in the direct state court appeal and that court denied direct appeal. Review of denial of collateral relief, which does not involve the same rights as direct appeal, is not an adequate substitute. Defendant is not entitled to habeas relief on his jury coercion claim, which was based on the trial judge's urging that the jury continue deliberations. In light of the entire supplemental instruction, the trial court’s determination that the Allen charge was not coercive was not an unreasonable application of federal law.
This opinion or order relates to an opinion or order originally issued on April 14, 2011.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.