Monday, December 11, 2006
Ind. Decisions - 7th Circuit issues one Indiana decision todayIn Garth V. Davis (ND Ind., Allen Sharp, Judge), a 34-page decision with a dissent by Judge Rovner beginning on p. 21, Judge Kanne writes:
Faraji Omar Garth (“Garth”) was convicted of robbery and of being an accomplice to attempted murder. The State alleged that Garth and his brother, Ahman Garth (“Ahman”), along with two others, robbed a convenience store and attempted to kill the clerk. After his conviction was affirmed on direct appeal, Garth filed a petition for relief in federal court under 28 U.S.C. § 2254 claiming that the jury instruction given at the state trial, regarding attempted murder, violated due process. The district court granted Garth’s petition. We believe that § 2254 relief was improvidently granted, and therefore, reverse.
Posted by Marcia Oddi on December 11, 2006 01:28 PM
Posted to Ind. (7th Cir.) Decisions