HOWARD v. BOUCHARD

No. 03-1850.

405 F.3d 459 (2005)

Frank HOWARD, Petitioner-Appellant, v. Barbara BOUCHARD, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 28, 2005.


Attorney(s) appearing for the Case

James R. Gerometta, Federal Public Defender's Office, Detroit, Michigan, for Appellant.

Janet A. Van Cleve, Office of the Attorney General, Habeas Corpus Division, Lansing, Michigan, for Appellee.

James R. Gerometta, Andrew N. Wise, Federal Public Defender's Office, Detroit, Michigan, for Appellant.

Debra M. Gagliardi, Office of the Attorney General, Habeas Corpus Division, Lansing, Michigan, for Appellee.

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


GWIN, D. J., delivered the opinion of the court, in which GILMAN, J., joined. MOORE, J. (pp. 486-88), delivered a separate dissenting opinion.

OPINION

GWIN, District Judge.

With this case we decide whether Petitioner-Appellant Frank Howard ("Howard") was denied his constitutional right to due process when a Michigan court permitted three eyewitnesses to identify Howard as the killer of Theodore Hankinson. Howard complains that the three eyewitnesses...

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