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ALEXANDER v. FOLTZ

No. 87-1003.

838 F.2d 140 (1988)

Ernest ALEXANDER, Petitioner-Appellant, v. Dale FOLTZ, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 26, 1988.

Attorney(s) appearing for the Case

Bret A. Schnitzer, Southfield, Mich., Daniel J. Melican (argued), Detroit, Mich., for petitioner-appellant.

Edgar L. Church (argued), Asst. Atty. Gen., Lansing, Mich., for respondent-appellee.

Before KEITH, MILBURN and NELSON, Circuit Judges.

DAVID A. NELSON, Circuit Judge.

Put on trial by the State of Michigan, Petitioner was convicted of first degree murder for admittedly having shot and killed a man with whom he had been in a fight after the man made advances to Petitioner's wife. The central issue in the trial was Petitioner's state of mind at the time of the shooting; the State presented evidence tending to show premeditation and malice, and Petitioner presented evidence tending to show he had acted...

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