Theriot v. Vashaw, No. 20-1029 (6th Cir. 2020)
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Theriot drove the vehicle from which Matthews shot an AK-47, killing a pregnant woman and injuring three others. Theriot admitted to getting the gun, which he illegally owned. One witness testified that Theriot made the decisions on where to go that night and intentionally drove his truck to the house and slowed down when he drove by. After the shooting, Theriot wiped the gun clean of prints; he was the last person seen with the gun. He urged witnesses to lie for him.
In a Michigan state court trial, a jury convicted Theriot of second-degree murder, three counts of assault with intent to commit murder, assault of a pregnant individual causing death to fetus, and felony-firearm, The Michigan Court of Appeals affirmed his convictions. The Michigan Supreme Court denied Theriot leave to appeal.
In a habeas corpus petition under 28 U.S.C. 2254, Theriot argued that the state trial court violated his constitutional rights when it prohibited him from questioning witnesses about his demeanor after the shooting (allegedly violating his right to present a defense and his right to confrontation) and prohibited him from admitting jailhouse telephone call recording excerpts into evidence (allegedly violating his right to present a defense). The Sixth Circuit affirmed the denial of relief without reaching the merits. Theriot procedurally defaulted his claims and did not persuade the court to excuse his default.
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