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SHEPARD v. FOLTZ

No. 84-1537.

771 F.2d 962 (1985)

Chester A. SHEPARD, Petitioner-Appellant, v. Dale E. FOLTZ, Warden, State Prison of Southern Michigan, and Frank J. Kelley, Attorney General of Michigan, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 30, 1985.

Rehearing Denied October 10, 1985.

Attorney(s) appearing for the Case

Chester A. Shepard, Jody LeWitter (argued), Detroit, Mich., for petitioner-appellant.

Frank J. Kelley, Atty. Gen. of Mich., J. Peter Lark, Thomas A. Kulick (argued), Asst. Atty. Gen., Corrections Div., Criminal Section, Lansing, Mich., for respondents-appellees.

Before MARTIN, CONTIE and WELLFORD, Circuit Judges.

BOYCE F. MARTIN, Jr., Circuit Judge.

Chester Shepard appeals from the district court's denial of his application for a writ of habeas corpus. For the reasons that follow, we affirm the decision of the district court.1

A Michigan jury convicted Shepard of the first degree murder of Leroy Parham, a reputed drug dealer. The conviction was based upon Michigan's felony murder rule, M.C.L.A...

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