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SMITH v. STEGALL

No. 02-2441.

385 F.3d 993 (2004)

Kenneth C. SMITH, Petitioner-Appellant, v. Jimmy STEGALL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 30, 2004.

Rehearing Denied November 18, 2004.

Attorney(s) appearing for the Case

Kenneth C. Smith, Macomb Regional Facility, New Haven, MI, Jeffrey M. Brandt (argued and briefed), Robinson & Brandt, Cincinnati, OH, for Petitioner-Appellant.

William C. Campbell (argued and briefed), Office of the Attorney General, Habeas Corpus Division, Lansing, MI, for Respondent-Appellee.

Before: CLAY and GILMAN, Circuit Judges; MATIA, Chief District Judge.

Rehearing En Banc Denied November 18, 2004.*

GILMAN, J., delivered the opinion of the court, in which MATIA, D.J., joined. CLAY, J. (pp. 1001-03), delivered a separate dissenting opinion.

OPINION

GILMAN, Circuit Judge.

Kenneth C. Smith fatally shot Gary DeLano Brown in June of 1989. After his first-degree murder conviction was reversed on procedural grounds, Smith elected to plead guilty in a Michigan state court...

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