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FERRAZZA v. MINTZES

No. 83-1301.

735 F.2d 967 (1984)

Dante FERRAZZA, Petitioner-Appellee, v. Barry MINTZES, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided May 25, 1984.

Attorney(s) appearing for the Case

Frank J. Kelley, Atty. Gen. of Michigan, Eric J. Eggan, Asst. Atty. Gen., argued, Lansing, Mich., for respondent-appellant.

James C. Thomas, Jamie Thomas, argued, Royal Oak, for petitioner-appellee.

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

MERRITT, Circuit Judge.

In this habeas corpus case, the evidence presented against petitioner at his state trial for first degree murder shows that he participated in the murder of an individual who had been strangled to death, weighted with cement blocks and thrown into a lake. The Respondent Warden appeals from the District Court's judgment granting the writ. The District Court held — we believe, incorrectly — that the state trial court's failure to...

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