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DORCHY v. JONES

No. 04-1797.

398 F.3d 783 (2005)

Charles DORCHY, Petitioner-Appellee, v. Kurt JONES, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 23, 2005.

Attorney(s) appearing for the Case

ARGUED: Janet A. Van Cleve, Office of the Attorney General, Lansing, Michigan, for Appellant. Todd A. Shanker, Federal Public Defenders Office, Detroit, Michigan, for Appellee. ON BRIEF: Laura Graves Moody, Office of the Attorney General, Lansing, Michigan, for Appellant. Todd A. Shanker, Andrew N. Wise, Federal Public Defenders Office, Detroit, Michigan, for Appellee.

Before: MOORE and GILMAN, Circuit Judges; WEBER, District Judge.

OPINION

GILMAN, Circuit Judge.

Charles Dorchy was convicted in state court of murdering his drug supplier, Larry Adams, and was sentenced to life in prison without parole. During Dorchy's trial, the prior testimony of one unavailable witness and the recorded statement of another were submitted to the jury over Dorchy's objection. On appeal, the Michigan Court of Appeals decided that the prior testimony was properly...

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