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ABELA v. MARTIN

No. 00-2430.

380 F.3d 915 (2004)

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: August 27, 2004.

Attorney(s) appearing for the Case

James Sterling Lawrence (argued and briefed), Detroit, MI, for petitioner-Appellant.

Raina I. Korbakis, Asst. Atty. General, Office of the Attorney General, Habeas Corpus Division, William C. Campbell (argued and briefed), Office of the Attorney General, Lansing, MI, for Respondents-Appellees.

Before: SILER, COLE, and CLAY, Circuit Judges.

OPINION

COLE, Circuit Judge.

Petitioner Kevin Mark Abela, a former Michigan prisoner who was convicted of manslaughter and carrying a concealed weapon in 1991, appeals the federal district court's dismissal of his petition for a writ of habeas corpus, which he filed pursuant to 28 U.S.C. § 2254 on April 26, 1999. Petitioner contends that: (1) his Fifth Amendment rights were violated when police elicited statements from him following his request for...

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