Thomas v. Stephenson

In this challenging habeas corpus case, Emmett represented a client who had been convicted in Michigan state court a decade earlier of assault with intent to commit murder.  The conviction had previously been affirmed by the Michigan Court of Appeals, and the Michigan Supreme Court had refused Mr. Thomas’s request for direct review.  The Michigan courts also denied Mr. Thomas’s later requests for collateral review, and his habeas corpus petition was denied by the U.S. District Court for the Eastern District of Michigan.  Mr. Thomas appealed the district court’s decision to the Sixth Circuit, and Emmett was appointed as appellate counsel during this final stage of litigation.  The Sixth Circuit ultimately affirmed the lower court’s ruling but did so over a lengthy, persuasive dissent by Judge Ronald Gilman.  Though at least a dozen judges had previously reviewed the case, following Emmett’s briefing and argument, Judge Gilman was the first to side with Mr. Thomas.