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BLACKBURN v. FOLTZ

No. 86-1815.

828 F.2d 1177 (1987)

William BLACKBURN, Petitioner-Appellant, v. Dale FOLTZ, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 17, 1987.

Attorney(s) appearing for the Case

Martin A. Geer (argued), Ann Arbor, Mich., for petitioner-appellant.

Eric J. Eggan, Asst. Atty. Gen., Corrections Div., Lansing, Mich., Edgar L. Church, Jr. (argued), Asst. Atty. Gen., for respondent-appellee.

Before KEITH and NORRIS, Circuit Judges, and PECK, Senior Circuit Judge.

JOHN W. PECK, Senior Circuit Judge.

Petitioner William Blackburn appeals from a district court judgment which denied his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Blackburn was tried initially in September 1977 on three counts of armed robbery in Michigan. The proceeding ended in a mistrial due to a deadlocked jury. Blackburn was retried before a jury in November 1977 and convicted on all three counts. Blackburn contends on appeal...

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