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HARLESS v. ANDERSON

No. 81-1145.

664 F.2d 610 (1981)

Jack E. HARLESS, Petitioner-Appellee, v. Charles E. ANDERSON, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 24, 1981.

As Amended March 3, 1982.

Attorney(s) appearing for the Case

Frank J. Kelley, Atty. Gen. of Mich., Thomas L. Casey, Stephen Schuesler, Asst. Attys. Gen., Lansing, Mich., for respondent-appellant.

Jack E. Harless, William Burnham, Detroit, Mich., for petitioner-appellee.

Before MERRITT and MARTIN, Circuit Judges, and PECK, Senior Circuit Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

Respondent Anderson, Warden of the Southern Michigan State Prison, appeals an order conditionally granting habeas relief to petitioner Harless, unless the State should retry him within ninety days. On June 12, 1975, Harless was convicted by a Detroit Recorder's Court jury of two counts of first degree murder. Harless received a mandatory life sentence with no possibility of parole. Harless then appealed to the Michigan Court of...

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