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TAYLOR v. WITHROW

No. 01-1908.

288 F.3d 846 (2002)

Eric W. TAYLOR, Petitioner-Appellee, v. Pamela WITHROW, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed March 28, 2002.

Rehearing and Suggestion for Rehearing Denied June 5, 2002.

Attorney(s) appearing for the Case

Eric W. Taylor, Jackson, MI, pro se.

Stuart G. Friedman (argued and briefed), Plymouth, MI, for Petitioner-Appellee.

William C. Campbell (argued and briefed), Office of the Attorney General, Habeas Corpus Division, Lansing, MI, for Respondent-Appellant.

Before MERRITT, BOGGS, and MOORE, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied June 5, 2002.

MERRITT, J., delivered the opinion of the court, in which MOORE, J., joined. BOGGS, J., (pp. 854-855), delivered a separate opinion concurring in the judgment of the court as expressed in Part II.D.

OPINION

MERRITT, Circuit Judge.

In this case the respondent, warden Pamela Withrow (hereafter "State"), appeals the district court's grant of a writ of habeas corpus to petitioner...

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