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STALEY v. JONES

No. 00-1809.

239 F.3d 769 (2001)

Jerry Lee STALEY, Petitioner-Appellee, v. Kurt JONES, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 5, 2001.

Rehearing and Suggestion for Rehearing Denied March 7, 2001.

Attorney(s) appearing for the Case

ARGUED: Janet A. Van Cleve, OFFICE OF THE ATTORNEY GENERAL, HABEAS CORPUS DIVISION, Lansing, Michigan, for Appellant.

David A. Dodge, DODGE & DODGE, Grand Rapids, Michigan, for Appellee.

ON BRIEF: Janet A. Van Cleve, Jennifer M. Granholm, OFFICE OF THE ATTORNEY GENERAL, Lansing, Michigan, for Appellant.

David A. Dodge, DODGE & DODGE, Grand Rapids, Michigan, for Appellee.

Michael J. Hodge, MILLER, CANFIELD, PADDOCK & STONE, Lansing, Michigan, George D. Mesritz, MILLER, CANFIELD, PADDOCK & STONE, Detroit, Michigan, T. Lynn Hopkins, KENT COUNTY PROSECUTOR'S OFFICE, Grand Rapids, Michigan, Tina M. Weatherwax-Grant, Lansing, Michigan, for Amici Curiae.

Before: SUHRHEINRICH and MOORE, Circuit Judges; EDMUNDS, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied March 7, 2001.

Pursuant to Sixth Circuit Rule 206.

OPINION

SUHRHEINRICH, Circuit Judge.

I. Introduction

On January 1, 1993, the Michigan Legislature enacted a comprehensive stalking law, Mich. Comp. Laws 750.411h ("Stalking") and 750.411i ("Aggravated Stalking").1 The law defines "stalking" as "a willful...

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