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NEVERS v. KILLINGER

No. 98-1039.

169 F.3d 352 (1999)

Larry NEVERS, Petitioner-Appellee, v. George KILLINGER, Warden of FMC Fort Worth, Forth Worth, Texas, Respondent-Appellant, Kenneth McGinnis; Michigan Department of Corrections, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided March 1, 1999.

Attorney(s) appearing for the Case

Neil H. Fink (argued and briefed), David A. Koelzer (briefed), Law Offices of Neil H. Fink, Birmingham, MI, for Petitioner-Appellee.

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

Before: NORRIS, BATCHELDER, and BRIGHT, Circuit Judges.

BATCHELDER, J., delivered the opinion of the court, in which NORRIS, J., joined. BRIGHT, J. (p. 378), delivered a separate opinion concurring in the result.

BATCHELDER, Circuit Judge.

Petitioner-Appellee Larry Nevers and Walter Budzyn, Detroit Police Officers, were convicted of second degree murder in a Michigan state court in the beating death of Malice Green. They were tried jointly but by separate juries.1 In their consolidated...

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