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DAVIS v. JABE

No. 86-1620.

824 F.2d 483 (1987)

Scott Bruce DAVIS, Petitioner-Appellee, v. John JABE, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 23, 1987.

Attorney(s) appearing for the Case

Thomas A. Kulick (argued), Asst. Atty. Gen., Lansing, Mich., for respondent-appellant.

P.E. Bennett (argued), State Appellate Defenders Office, Lansing, Mich., for petitioner-appellee.

Before MERRITT, WELLFORD and MILBURN, Circuit Judges.

WELLFORD, Circuit Judge.

Scott Bruce Davis (Davis), convicted in Michigan state courts of first degree murder for the premeditated killing of John Mac Ryan, Sr., in 1980, filed a habeas corpus petition seeking relief from a life imprisonment sentence. We are concerned only with the conviction for premeditated murder, because a felony murder conviction with regard to the robbery of Ryan has been vacated on double jeopardy grounds. The district court granted Davis relief...

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