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SINISTAJ v. BURT

No. 94-2076.

66 F.3d 804 (1995)

Fran SINISTAJ, Petitioner-Appellee, v. Sherry BURT, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 3, 1995.

Attorney(s) appearing for the Case

Fran Sinistaj, Detroit, MI, pro se.

F. Randall Karfonta (argued and briefed), Leland, MI, for Petitioner-Appellee.

Arthur E. D'Hondt (argued and briefed), Peter L. Trezise, Office of the Attorney General, Habeas Corpus Division, Lansing, MI, for Respondent-Appellant.

Before: WELLFORD, NELSON, and RYAN, Circuit Judges.

RYAN, Circuit Judge.

Sherry Burt, the warden of a Michigan prison facility, appeals from the district court's order granting the petition for a writ of habeas corpus under 28 U.S.C. § 2254 brought by Fran Sinistaj, an inmate at the facility. Respondent Burt's appeal raises several issues, but we shall address only two:

1) Whether the district court erred in finding that a state court's "abuse of discretion" in deciding a criminal defendant's motion to...

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