HILL v. HOFBAUER

No. 01-2667.

337 F.3d 706 (2003)

Terrance Lesean HILL, Petitioner-Appellee, v. Gerald HOFBAUER, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed July 28, 2003.


Attorney(s) appearing for the Case

Corbett E. O'Meara (argued and briefed), O'Meara & O'Meara, Grosse Pointe Farms, MI, for Appellee.

Laura Graves Moody (argued and briefed), Office of the Attorney General, Lansing, MI, for Appellant.

Before: SUHRHEINRICH and GILMAN, Circuit Judges; CARR, District Judge.


OPINION

SUHRHEINRICH, Circuit Judge.

Respondent-Appellant Gerald Hofbauer, in his official capacity as Warden of the Marquette Correctional Facility in Marquette, Michigan ("the State"), appeals from the district court's conditional grant of a writ of habeas corpus under 28 U.S.C. § 2254, as amended by the Anti-Terrorism and Effective Death Penalty Act of 1996 (AEDPA), in favor of Petitioner-Appellee Terrance Lesean Hill.

The district court...

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