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FITZGERALD v. WITHROW

No. 00-2126.

292 F.3d 500 (2002)

DeShannon FITZGERALD, Petitioner-Appellee, v. Pamela WITHROW, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 6, 2002.

Attorney(s) appearing for the Case

Andrew N. Wise (briefed), Nancy L. McGunn (argued), Federal Public Defenders Office, Detroit, MI, for Petitioner-Appellee.

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

Before GUY and BOGGS, Circuit Judges; and CARR, District Judge.

OPINION

BOGGS, Circuit Judge.

This case requires this court to determine the scope of a defendant's waiver of his Sixth Amendment right to a trial by jury. The State of Michigan appeals the district court's order granting DeShannon Fitzgerald's petition for a writ of habeas corpus. After waiving his right to a jury trial, Fitzgerald was tried by the bench, was convicted of kidnaping, and was sentenced to life imprisonment. When the state court judge who...

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