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TOWNS v. SMITH

No. 03-1988/2030.

395 F.3d 251 (2005)

Parrish TOWNS, Petitioner-Appellee/Cross-Appellant, v. David SMITH, Warden, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 7, 2005.

Attorney(s) appearing for the Case

Laura Graves Moody, Office of the Attorney General, Lansing, Michigan, for Appellant.

Craig A. Daly, Detroit, Michigan, for Appellee.

Before: MARTIN and BATCHELDER, Circuit Judges; JORDAN, Senior District Judge.

BOYCE F. MARTIN, JR., Circuit Judge.

David Smith, Warden, appeals the district court's conditional grant of Parrish Towns's petition for a writ of habeas corpus. Because Parrish Towns's two brothers also are involved in this case, we generally will refer to Parrish Towns by his first name. The district court held that Parrish's trial counsel rendered ineffective assistance in violation of the Sixth Amendment by failing to investigate a witness who had admitted to...

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