(Download) "Hill V. Mcmackin" by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Hill V. Mcmackin
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 01, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
Petitioner, John Hill, Jr., appeals the district court's dismissal of his petition for habeas corpus filed pursuant to 28 U.S.C. § 2254. Hill claims that the court erred in requiring him to show cause and prejudice to excuse a procedural default occasioned by ineffective assistance of counsel and by negligent pro se representation. He also claims that the district court erred in finding that his procedural default in state court bars federal review of his claim. Finally, Hill claims that his due process rights were violated by the prosecution's use of an indictment that was based, in part, on perjured testimony. We conclude that, because of recent changes in the applicable law, the district court should have addressed the merits of petitioner's habeas corpus petition. Accordingly, we reverse the district court's dismissal of the petition and remand the case for consideration on the merits.