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MILLER v. STRAUB

Nos. 00-2150, 00-2163.

299 F.3d 570 (2002)

Cortez MILLER, Petitioner-Appellee, v. Dennis M. STRAUB, Warden, Respondent-Appellant. Kermit Eldridge Haynes, Petitioner-Appellee, v. Luella Burke, Warden, Saginaw Correctional Facility, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 8, 2002.

Rehearing and Suggestion for Rehearing Denied: October 2, 2002.

Attorney(s) appearing for the Case

John R. Minock (argued and briefed), Cramer Minock, Ann Arbor, MI, for Petitioner-Appellee in 00-2150.

Susan M. Meinberg (briefed), Marla R. McCowan (argued and briefed), State Appellate Defender Office, Detroit, MI, for Petitioner-Appellee in No. 00-2163.

Thomas M. Chambers (argued and briefed), Office of the Prosecuting Attorney, County of Wayne, Detroit, MI, Vincent J. Leone, Asst. Attorney Gen., Office of the Attorney General, Habeas Corpus Division, Lansing, MI, for Respondents-Appellants in Nos. 00-2150, 00-2163.

Before BOGGS, GILMAN, and BRIGHT, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied: October 2, 2002.*

BRIGHT, J., delivered the opinion of the court. GILMAN, J. (pp. 583-585), delivered a separate concurring opinion. BOGGS, J. (pp. 585-588), delivered a separate dissenting opinion.

OPINION

BRIGHT, Circuit Judge.

The wardens of two Michigan state correctional institutions appeal a federal district court's conditional grant of habeas corpus...

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