Harris V. Stovall

This appeal of the denial of a habeas corpus application requires us to apply the provisions of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214 (1996) ("AEDPA"). Donald Harris, a Michigan state prisoner serving a mandatory life term for first-degree felony-murder, appeals from an order of the district court denying his application for habeas relief filed pursuant to 28 U.S.C. § 2254. The victim was John Anthony, who was killed at gunpoint while working in his store in Detroit. Harris did not commit the crime alone. Two others, Stanley West and Frederick Wilkes, were tried together and convicted of the murder. Harris was tried later. In this appeal, Harris contends that he was denied due process of law when, as an indigent defendant, he was denied free transcripts of the earlier trial of West and Wilkes. Harris claims that the transcripts were necessary for effective impeachment of the state's witnesses, which would support his theory of innocence. The district court held that petitioner had adequate alternatives to the transcripts because copies of the preliminary examination transcripts from the prior trial had been filed. The district court also found that any error was harmless. The underlying habeas action was filed in early 1997, and the standards under the AEDPA apply. See Lindh v. Murphy, 521 U.S. 320, 336, 117 S. Ct. 2059, 2067 (1997); Harpster v. Ohio, 128 F.3d 322, 326 (6th Cir. 1997). Although the district court incorrectly applied the standards under the AEDPA, we affirm the result it reached.