BARBARA JEAN MERCER v. ANTHONY STEWART, Warden - Articles

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BARBARA JEAN MERCER v. ANTHONY STEWART, Warden

Posted by: Azya Thornton on Apr 2, 2026

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Scott R. Shimkus, OFFICE OF THE ATTORNEY GENERAL, Lansing, Michigan, for Anthony Stewart.

Attorneys 2: ARGUED: Casey N. Swanson, OFFICE OF THE FEDERAL COMMUNITY DEFENDER, Detroit, Michigan, for Barbara Mercer.

Attorneys 3: ON BRIEF: Scott R. Shimkus, OFFICE OF THE ATTORNEY GENERAL, Lansing, Michigan, for Anthony Stewart.

Attorneys 4: ON BRIEF: Casey N. Swanson, OFFICE OF THE FEDERAL COMMUNITY DEFENDER, Detroit, Michigan, David A. Koelzer, OFFICE OF THE FEDERAL COMMUNITY DEFENDER, Flint, Michigan, for Barbara Mercer.

Judge(s): BATCHELDER, GILMAN, and LARSEN, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Michigan at Detroit

LARSEN, Circuit Judge. A state jury convicted Barbara Jean Mercer of second-degree murder, tampering with evidence, and third-degree arson after police found two gunshot-riddled bodies in a burning car. Mercer petitioned for habeas relief in federal court, arguing that the state court violated her due process rights when it failed to give a defense-of-others jury instruction, that her trial counsel provided ineffective assistance, and that the prosecutor committed misconduct in his closing statement. The district court granted Mercer habeas relief on the jury-instruction claim but denied relief on the rest. We REVERSE the district court’s grant of habeas relief and AFFIRM the denial of relief on all other grounds.

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