Storey v. Vasbinder, No. 09-2301 (6th Cir. 2011)
Annotate this CasePetitioner, 16 years old at the time, was charged with first-degree murder and firearm possession during a felony after admitting that he was present at the scene of the 1984 murder. The juvenile court waived jurisdiction, so that defendant was tried as an adult. His counsel did not appeal and he was convicted. Evidence included three witnesses who testified that defendant had told them that he killed the victim. He was sentenced to life in prison, plus two years for the gun charge. The Michigan Court of Appeals affirmed and the Michigan Supreme Court denied leave to appeal. Multiple attempts at collateral relief failed. The district court denied a 2006 petition for habeas corpus, alleging ineffective assistance of counsel, that it deemed to be "successive" under 28 U.S.C. 2244(b). The Sixth Circuit affirmed after finding that the petition was not successive because it followed a remedial appeal ordered on a prior petition. The credibility determination of the trial judge should not be overturned; given the evidence against him, defendant cannot show prejudice.
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.