CRUMP v. LAFLER

No. 09-1073.

657 F.3d 393 (2011)

Lucius CRUMP, Petitioner-Appellant, v. Blaine C. LAFLER, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 20, 2011.

Rehearing and Rehearing En Banc Denied October 21, 2011.


Attorney(s) appearing for the Case

ARGUED: Jacob R. Loshin , Winston & Strawn LLP, Washington, D.C., for Appellant. Andrea M. Christensen , Office of the Michigan Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: Geoffrey P. Eaton , Winston & Strawn LLP, Washington, D.C., for Appellant. Andrea M. Christensen , Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.

CLELAND, D.J., delivered the opinion of the court, in which GIBBONS, J., joined. COLE, J. (pp. 405-06), delivered a separate dissenting opinion.


OPINION

CLELAND, District Judge.

Petitioner-Appellant Lucius Crump asks us to find that the Michigan law governing parole has created a liberty interest cognizable under the Fourteenth Amendment and enforceable in a federal court through a 28 U.S.C. § 2254 petition for a writ of habeas corpus. Although Michigan may categorize a parole-eligible prisoner as having a "high probability" of release, we find that an actual release determination remains uncertain...

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