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HICKS v. STRAUB

No. 03-1124.

377 F.3d 538 (2004)

Michael HICKS, Petitioner-Appellee, v. Dennis M. STRAUB, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 29, 2004.

Attorney(s) appearing for the Case

Carole M. Stanyar (argued and briefed), Detroit, MI, for Petitioner-Appellee.

Brad H. Beaver (argued and briefed), Asst. Atty. General, Lansing, MI, for Respondent-Appellant.

Before: KENNEDY, ROGERS, and COOK, Circuit Judges.

KENNEDY, J., delivered the opinion of the court, in which COOK, J., joined. ROGERS, J. (p. 559), delivered a separate concurring opinion.

OPINION

KENNEDY, Circuit Judge.

The district court conditionally granted the petition for a writ of habeas corpus under 28 U.S.C. § 2254 of Petitioner Michael Hicks, a Michigan prisoner, on his claim that his Sixth Amendment right to confrontation was violated at his first-degree murder trial when the prosecutor...

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