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LYELL v. RENICO

No. 04-1106.

470 F.3d 1177 (2006)

Earl Ray LYELL, Petitioner-Appellant, v. Paul RENICO, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 1, 2006.

Attorney(s) appearing for the Case

ARGUED: Michael J. Newman, Dinsmore & Shohl, Cincinnati, Ohio, for Appellant. William C. Campbell, Office of the Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: Michael J. Newman, Jennifer K. Swartz, Daniel J. Greenberg, Dinsmore & Shohl, Cincinnati, Ohio, for Appellant. William C. Campbell, Office of the Attorney General, Lansing, Michigan, for Appellee. Earl Ray Lyell, Muskegon Heights, Michigan, pro se.

Before: CLAY and SUTTON, Circuit Judges; OBERDORFER, District Judge.

SUTTON, J., delivered the opinion of the court, in which OBERDORFER, D.J., joined.

CLAY, J. (pp. 1189-93), delivered a separate concurring opinion.

OPINION

SUTTON, Circuit Judge.

A jury convicted Earl Ray Lyell of assault with intent to commit murder, Mich. Comp. Laws § 750.83, and a judge sentenced him to thirty to sixty years in prison as an habitual offender, Mich. Comp. Laws § 28.1083. He now petitions for a writ of habeas corpus...

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