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HUDSON v. JONES

No. 02-1586.

351 F.3d 212 (2003)

David HUDSON, Petitioner-Appellee, v. Kurt JONES, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 3, 2003.

Petition for Rehearing Denied: February 26, 2004.

Attorney(s) appearing for the Case

ARGUED: Laura Graves Moody, OFFICE OF THE ATTORNEY GENERAL, HABEAS CORPUS DIVISION, Lansing, Michigan, for Appellant. Kevin M. Schad, SCHAD & COOK, Indian Springs, Ohio, for Appellee.

ON BRIEF: Janet A. Van Cleve, Laura Graves Moody, OFFICE OF THE ATTORNEY GENERAL, HABEAS CORPUS DIVISION, Lansing, Michigan, for Appellant. Jeanice Dagher-Margosian, Ann Arbor, Michigan, for Appellee.

Before MOORE and GILMAN, Circuit Judges; MILLS, District Judge.

Pursuant to Sixth Circuit Rule 206 Petition for Rehearing Denied En Banc: February 26, 2004.

GILMAN, J., delivered the opinion of the court, in which MILLS, D.J., joined. MOORE, J. (pp. 11-17), delivered a separate dissenting opinion.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Imprisoned as the result of a 1985 state-court conviction for murder and for being a felon in possession of a firearm, David Hudson petitioned the district court for...

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