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GUILMETTE v. HOWES

No. 08-2256.

624 F.3d 286 (2010)

Bruce GUILMETTE, Petitioner-Appellee, v. Carol R. HOWES, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 21, 2010.

Attorney(s) appearing for the Case

ARGUED: Brad H. Beaver , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Kimberly Thomas , Michigan Clinical Law Program, Ann Arbor, Michigan, for Appellee. ON BRIEF: Brad H. Beaver , Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Kimberly Thomas , Michigan Clinical Law Program, Ann Arbor, Michigan, for Appellee.

ROGERS, J., delivered the opinion of the court, in which MARTIN, MOORE, COLE, CLAY, GIBBONS, SUTTON, COOK, KETHLEDGE, and WHITE, JJ., joined, and in which BATCHELDER, C.J., BOGGS, GILMAN, and McKEAGUE, JJ., joined with respect to Parts I and II only. BOGGS, J. (pp. 293-98), delivered a separate opinion concurring in part and dissenting in part, in which BATCHELDER, C.J., GILMAN, and McKEAGUE, JJ., joined. GRIFFIN, J. (pp. 298-309), delivered a separate dissenting opinion.

OPINION

ROGERS, Circuit Judge.

A Michigan jury found petitioner Bruce Guilmette guilty of first-degree home invasion. On state collateral review, Guilmette argued—for the first time—that his trial counsel had been constitutionally ineffective. The state trial court denied Guilmette's claim on the merits, and both the state intermediate and supreme courts denied leave to appeal in brief and substantively identical orders. A federal district...

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