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BOWEN v. FOLTZ

No. 83-1558.

763 F.2d 191 (1985)

Ivie BOWEN, Petitioner-Appellant, v. Dale FOLTZ, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided May 28, 1985.

Rehearing and Rehearing Denied July 16, 1985.

Attorney(s) appearing for the Case

James M. Cohen, argued, Southfield, Mich. (Court appointed), for petitioner-appellant.

Frank J. Kelley, Atty. Gen. of Michigan, Edgar L. Church, Jr., argued, Lansing, Mich., for respondent-appellee.

Before CONTIE and WELLFORD, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied July 16, 1985.

WELLFORD, Circuit Judge.

Petitioner1 was tried along with three co-conspirators on three counts of first degree felony murder arising from his role as organizer of an October 1, 1974, robbery that resulted in the deaths of Joseph, Salvatore, and Michael Biondo. Lanetia Avereyette,2 who accompanied petitioner in the getaway car, later turned state...

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