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DAVIS v. STRAUB

No. 03-2262.

421 F.3d 365 (2005)

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

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 1, 2005.

Attorney(s) appearing for the Case

ARGUED: John R. Minock, Cramer, Minock & Gallagher, 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 & Gallagher, 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.

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

ROGERS, J. (pp. 375-377), delivered a separate opinion concurring in part and dissenting in part.

OPINION

MERRITT, Circuit Judge.

This case arises from a petition for a writ of habeas corpus by prisoner Danta Davis, who was convicted, along with co-defendant Nathan Bell, for the murders of Sheila Jones and her two young children in 1996. It presents an interesting...

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