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VINCENT v. JONES

No. 00-2441.

292 F.3d 506 (2002)

Duyonn Andre VINCENT, Petitioner-Appellee, v. Kurt JONES, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 6, 2002.

Attorney(s) appearing for the Case

David A. Moran (argued and briefed), State Appellate Defender Office, Detroit, MI, for Petitioner-Appellee.

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

Before SUHRHEINRICH and GILMAN, Circuit Judges; HOOD, District Judge.

OPINION

JOSEPH M. HOOD, District Judge.

This is an appeal from a decision granting a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Petitioner was convicted by a jury of first-degree murder. At the close of the prosecution's case, Petitioner moved for a directed verdict on the first-degree murder charge. At issue is whether the state trial judge granted a directed verdict at that time such that the continuation of the trial and submission...

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