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SERRA v. MICHIGAN DEPT. OF CORRECTIONS

No. 93-1364.

4 F.3d 1348 (1993)

Joseph Michael SERRA, Petitioner-Appellee, v. MICHIGAN DEPARTMENT OF CORRECTIONS, Respondent, Raymond G. Toombs, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 15, 1993.

Rehearing and Suggestion for Rehearing Denied October 29, 1993.

Attorney(s) appearing for the Case

James C. Thomas (argued and briefed), Lawrence R. Greene, Detroit, MI, for petitioner-appellee.

Lisa C. Ward, Asst. Atty. Gen. (argued and briefed), Habeas Corpus Div., Lansing, MI, for respondent-appellant.

Before: MERRITT, Chief Judge; and GUY and BATCHELDER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied October 29, 1993.

RALPH B. GUY, JR., Circuit Judge.

Raymond G. Toombs appeals the grant of petitioner Joseph Serra's writ of habeas corpus. The district court found petitioner's Sixth Amendment right to counsel was violated when his retained counsel was disqualified and that he was denied a fair trial when the prosecutor referred to a prior conviction similar to the offense charged. After considering the...

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