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CASES ADJUDGED IN THE
SUPREME COURT OF THE UNITED STATES AT
OCTOBER TERM, 2005
DYE v. HOFBAUER, WARDEN
on petition for writ of certiorari to the united
states court of appeals for the sixth circuit
No. 04–8384. Decided October 11, 2005
After petitioner Dye’s state convictions for murder and firearm possession
were affirmed on appeal, he was denied habeas relief in Federal District
Court. Ultimately, the Sixth Circuit affirmed, holding that, although
Dye had raised a prosecutorial misconduct claim in state court, the rec
ord did not show that it was presented as a violation of a federal right;
and concluding that, even had Dye properly raised the claim in state
court, the habeas petition’s prosecutorial misconduct allegations were
too vague and general to be considered fairly presented.
Held: Dye’s federal claim was properly raised in state court, and his fed
eral habeas petition presented that claim with sufficient clarity. Con
trary to the Sixth Circuit’s holding, the District Court record contains
the brief Dye filed in state court, which sets out the federal claim, outlin
ing specific prosecutorial misconduct allegations and citing the Fifth and
Fourteenth Amendments and several relevant federal cases. That brief
was clear that the prosecutorial misconduct claim was based, at least in
part, on a federal right. The Sixth Circuit’s alternative holding is also
incorrect. The federal habeas petition made clear and repeated refer
ences to an appended supporting brief, which presented Dye’s federal
prosecutorial misconduct claim with more than sufficient particularity.
Certiorari granted; 111 Fed. Appx. 363, reversed and remanded.
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