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HARGRAVE-THOMAS v. YUKINS

No. 02-2152.

374 F.3d 383 (2004)

Kylleen HARGRAVE-THOMAS, Petitioner-Appellee, v. Joan YUKINS, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 6, 2004.

Rehearing Denied September 9, 2004.

Attorney(s) appearing for the Case

Joseph A. Puleo (argued and briefed), Office of the Prosecuting Attorney, County of Wayne, Detroit, MI, for Appellant.

Andrea D. Lyon (argued and briefed), DePaul University College of Law, Chicago, IL, Bridget M. McCormack (briefed), Michigan Clinical Law Program, Ann Arbor, MI, for Appellee.

Before NELSON, CLAY, and COOK, Circuit Judges.

Rehearing En Banc Denied September 9, 2004.

NELSON, J., delivered the opinion of the court, in which COOK, J., joined. CLAY, J. (pp. 391-94), delivered a separate dissenting opinion.

DAVID A. NELSON, Circuit Judge.

This is an appeal from an order granting a writ of habeas corpus. The key issue is whether the state trial court's refusal to hold an evidentiary hearing on certain ineffective assistance claims which the petitioner had asserted in a timely...

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