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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. 1