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ABELA v. MARTIN

No. 00-2430.

348 F.3d 164 (2003)

Kevin Mark ABELA, Petitioner-Appellant, v. William MARTIN, Director, Michigan Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 22, 2003.

Attorney(s) appearing for the Case

ARGUED: James Sterling Lawrence, (argued and briefed), Detroit, Michigan, for Appellant.

William C. Campbell, (argued and briefed), OFFICE OF THE ATTORNEY GENERAL, Lansing, Michigan, for Appellee.

ON BRIEF: James Sterling Lawrence, Detroit, Michigan, for Appellant.

William C. Campbell, OFFICE OF THE ATTORNEY GENERAL, Lansing, Michigan, for Appellee.

Before: BOGGS, Chief Circuit Judge; MARTIN, SILER, BATCHELDER, DAUGHTREY, MOORE, COLE, CLAY, GILMAN, GIBBONS, and ROGERS, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

BOYCE F. MARTIN, JR., delivered the opinion of the court, in which DAUGHTREY, MOORE, COLE, CLAY, and GILMAN, JJ., joined. SILER, J. (pp. 173-174), delivered a separate dissenting opinion, in which BOGGS, C. J., BATCHELDER, GIBBONS, and ROGERS, JJ., joined.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

This action arises from a Michigan manslaughter conviction and subsequent petition for a writ of habeas corpus...

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