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LYONS v. STOVALL

No. 97-1894.

188 F.3d 327 (1999)

Theodore J. LYONS, Petitioner-Appellee, v. Clarice STOVALL, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 24, 1999.

Attorney(s) appearing for the Case

Olga Agnello (argued and briefed), Office of the Prosecuting Attorney, County of Wayne, Detroit, Michigan, for Respondent-Appellant.

Todd Maybrown (argued and briefed), Allen, Hansen & Maybrown, Seattle, Washington, Kenneth M. Mogill (briefed), Mogill, Posner & Cohen, Detroit, Michigan, for Petitioner-Appellee.

Before: MOORE, CLAY, and GILMAN, Circuit Judges.

CLAY, J., delivered the opinion of the court in Parts I.A., II.B., and II.C. below. GILMAN, J. (pp. 344-347), delivered the opinion of the court in Part I. of his concurring opinion. MOORE, J. (pp. 347-350), delivered a separate dissenting opinion.

OPINION

CLAY, Circuit Judge.

Petitioner, Theodore J. Lyons, was convicted in August of 1987 of first-degree criminal sexual assault and sentenced to a term of ten to twenty-five years of imprisonment for...

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