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SMITH v. HOFBAUER

No. 01-1169.

312 F.3d 809 (2002)

Larry D. SMITH, Petitioner-Appellant, v. Gerald HOFBAUER, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed December 10, 2002.

Attorney(s) appearing for the Case

F. Martin Tieber (argued and briefed), State Appellate Defender Office, Lansing, MI, for Petitioner-Appellant.

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

Before: SILER and CLAY, Circuit Judges; OBERDORFER, District Judge.

OPINION

CLAY, Circuit Judge.

Petitioner, Larry Donnell Smith, appeals from the district court's order denying Petitioner's application for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. On appeal, Petitioner argues that because of his trial counsel's conflict of interest, a structural defect in Petitioner's trial occurred such that Petitioner was denied his Sixth Amendment right to the effective assistance of counsel under the auspices...

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