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MOSS v. HOFBAUER

No. 00-1518.

286 F.3d 851 (2002)

Kim MOSS, Petitioner-Appellant, v. Gerald HOFBAUER, Respondent Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 12, 2002.

Attorney(s) appearing for the Case

Andrew N. Wise (argued and briefed), Federal Public Defenders Office, Detroit, MI, for Petitioner-Appellant.

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

Before: CLAY and GILMAN, Circuit Judges; EDGAR, Chief District Judge.

GILMAN, J., delivered the opinion of the court, in which EDGAR, D. J., joined. CLAY, J. (pp. 869-878), delivered a separate dissenting opinion.

GILMAN, Circuit Judge.

On January 20, 1985, Kim Moss was convicted by a state court jury on one count of first-degree murder and on one count of possession of a firearm during the commission of a felony. Moss was sentenced to life imprisonment without the possibility of parole...

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