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MITCHELL v. MASON

No. 99-1839.

325 F.3d 732 (2003)

Charlie Lee MITCHELL, Petitioner-Appellee, v. Warden Gerald MASON, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 7, 2003.

Attorney(s) appearing for the Case

Rolf E. Berg, State Appellate Defender Office, Detroit, MI, for Petitioner-Appellee.

Jeffrey W. Caminsky, County of Wayne Prosecutor's Office, Detroit, MI, for Respondent-Appellant.

MOORE, J., delivered the opinion of the court, in which DAUGHTREY, J., joined. CARR, D.J., (pp. 748-49), delivered a separate dissenting opinion.

OPINION

MOORE, Circuit Judge.

Petitioner-Appellee Charlie Lee Mitchell ("Mitchell") was convicted in a Michigan state court of second-degree murder and sentenced to a term of ten to fifteen years' imprisonment. Throughout his six-month confinement in custody awaiting trial, Mitchell sought to have new counsel appointed to his case because he claimed that his court-appointed lawyer refused to meet with him. Mitchell...

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