Today the U.S. Court of Appeals for the Sixth Circuit partially affirmed a district court judgment granting a criminal defendant's habeas petition in Ege v. Yukins. Specifically the court rejected the state's argument that the petitioner's claims were time-barred, and agreed with the trial court that the petitioner's due process rights were violated by the admission of bite-mark evidence, "both because the evidence itself was scientifically and probabalistically unsound and because [the proffering expert witness]had a demonstrated record of unreliability."

It should be no surprise that the Sixth Circuit's decision in Ege was divided. Judge Martin wrote the majority opinion for himself and district court judge Oliver (sitting by designation). Chief Judge Boggs dissented, arguing that the petitioner's claims were time-barred, and that the state court judgment did not merit a habeas petition under federal law.