Washington v. Roberts, No. 15-3097 (10th Cir. 2017)Annotate this Case
Petitioner-appellant Marcus Washington sought to set aside his Kansas-state-court murder conviction. The Tenth Circuit Court of Appeals granted a certificate of appealability (COA) so that he could appeal the denial of four claims raised in his application for relief under 28 U.S.C. 2254. In his petition, petitioner claimed: (1) the State exercised peremptory jury challenges against African Americans in violation of "Batson v. Kentucky," (476 U.S. 79 (1986)); (2) his rights under "Miranda v. Arizona," (384 U.S. 436 (1966)), were violated by the use of statements he made while in custody; (3) his trial attorney was ineffective in not calling him as a witness on the Miranda issue to show that he was in custody; and (4) the prosecutor’s closing argument improperly challenged his mental-disease defense. The United States District Court for the District of Kansas rejected petitioner's claims and dismissed his petition. Finding no reversible error, the Tenth Circuit affirmed.