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WHEELER v. JONES

No. 99-1008.

226 F.3d 656 (2000)

Daniel WHEELER, Petitioner-Appellant, v. Kurt JONES, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 11, 2000.

Rehearing and Suggestion for Rehearing Denied October 30, 2000.

Attorney(s) appearing for the Case

David A. Moran (briefed), State Appellate Defender Office, Detroit, MI, Corinne Beckwith (argued), State Appellate Defender Office, Lansing, MI, for Petitioner-Appellant.

Vincent J. Leone, Asst. Atty. Gen., (argued), Janet A. Van Cleve (briefed), Office of Atty. Gen., Habeas Corpus Division, Lansing, MI, for Respondent-Appellee.

Before: KEITH, COLE, and GILMAN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied October 30, 2000.

OPINION

GILMAN, Circuit Judge.

In 1971, a Michigan jury convicted Daniel Wheeler of first-degree murder and sentenced him to a term of life imprisonment without parole. Wheeler did not exercise his right to a direct appeal. Subsequently, however, he filed two applications for leave to file a delayed appeal. In 1989, upon consideration of Wheeler's second application for a delayed...

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