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DAVIS v. STRAUB

No. 03-2262.

430 F.3d 281 (2005)

Danta DAVIS, Petitioner-Appellant, v. Dennis STRAUB, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 1, 2005.

Attorney(s) appearing for the Case

ARGUED: John R. Minock, Cramer & Minock, Ann Arbor, Michigan, for Appellant. Janet A. Van Cleve, Office of the Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: John R. Minock, Cramer & Minock, Ann Arbor, Michigan, for Appellant. Janet A. Van Cleve, Office of the Attorney General, Lansing, Michigan, for Appellee.

Before: MERRITT and ROGERS, Circuit Judges; HOOD, Chief District Judge.

ROGERS, J., delivered the opinion of the court, in which HOOD, D.J., joined.

MERRITT, J. (pp. 291-299), delivered a separate dissenting opinion.

AMENDED OPINION

ROGERS, Circuit Judge.

Respondent-Appellee Dennis Straub has petitioned for rehearing following this panel's decision to order the district court to grant Petitioner-Appellant Danta Davis's habeas corpus petition. In this case, a Michigan jury convicted Davis of murdering one woman...

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