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WHITING v. BURT

No. 03-1894.

395 F.3d 602 (2005)

Maurice WHITING, Petitioner-Appellee, v. Sherry BURT, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 19, 2005.

Rehearing Denied March 15, 2005.

Attorney(s) appearing for the Case

ARGUED: Debra M. Gagliardi, Office of the Attorney General, Lansing, Michigan, for Appellant. James Sterling Lawrence, Detroit, Michigan, for Appellee. ON BRIEF: Raina I. Korbakis, Office of the Attorney General, Lansing, Michigan, for Appellant.

Before: MARTIN and SUTTON, Circuit Judges; HOLSCHUH, District Judge.

Rehearing En Banc Denied March 15, 2005.

OPINION

HOLSCHUH, District Judge.

The District Court, pursuant to 28 U.S.C. § 2254, conditionally granted the Petition for a writ of habeas corpus of Maurice D. Whiting ("Petitioner" or "Defendant"), an inmate of the State Prison of Southern Michigan, the condition being that the State grant Petitioner a new appeal in the Michigan Court of Appeals and, if not done within the time specified by the District...

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