CYARS v. HOFBAUER

No. 02-2341.

383 F.3d 485 (2004)

Aaron Leigh CYARS, Petitioner-Appellant, v. Gerald HOFBAUER, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed September 7, 2004.


Attorney(s) appearing for the Case

N.C. Deday LaRene (argued and briefed), LaRene & Kriger, Detroit, MI, for Petitioner-Appellant.

Joseph A. Puleo (argued and briefed), Asst. Pros. Atty., Office of Prosecuting Attorney, Detroit, MI, Diane L. Galbraith, Asst. Atty. Gen., Office of Attorney General, Habeas Corpus Div., Lansing, MI, for Respondent-Appellee.

Before SILER, MOORE, and BALDOCK, Circuit Judges.


BALDOCK, J., delivered the opinion of the court, in which SILER, J., joined. MOORE, J. (pp. 493-95), delivered a separate dissenting opinion.

OPINION

BALDOCK, Circuit Judge.

A Michigan jury convicted Aaron Leigh Cyars (Petitioner) on two counts of first-degree premeditated murder, Mich. Comp. Laws Ann. § 750.316(1)(a), one count of assault with intent to commit murder, id. § 750.83, and one count of possessing a firearm during the...

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