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BARNES v. ELO

No. 01-2026.

339 F.3d 496 (2003)

Stewart Barnes, Petitioner-Appellant, v. Frank Elo, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 8, 2003.

Attorney(s) appearing for the Case

Kenneth P. Tableman (argued and briefed), Asst. F.P. Defender, Grand Rapids, MI, for Petitioner-Appellant.

Raina I. Korbakis (argued and briefed), State of Michigan, Department of Attorney General, Habeas Corpus Division, Lansing, MI, for Respondent-Appellee.

Before: MERRITT and BATCHELDER, Circuit Judges; DUPLANTIER, Senior District Judge.

Pursuant to Sixth Circuit Rule 206

DUPLANTIER, D. J., delivered the opinion of the court, in which BATCHELDER, J., joined. MERRITT, J. (pp. 504-506), delivered a separate dissenting opinion.

OPINION

DUPLANTIER, Senior District Judge.

After an evidentiary hearing following remand by this court, the district court dismissed the petition of Stewart Barnes for habeas corpus relief pursuant to 28 U.S.C. § 2254. Barnes appeals, urging...

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