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STEWART v. WOLFENBARGER

No. 04-2419.

468 F.3d 338 (2006)

Joseph STEWART, Petitioner-Appellant, v. Hugh WOLFENBARGER, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 9, 2006.

Attorney(s) appearing for the Case

ARGUED: Matthew E. Liebson, Thompson Hine, Cleveland, OH, for Appellant. Debra M. Gagliardi, Office of the Attorney General, Lansing, MI, for Appellee. ON BRIEF: Matthew E. Liebson, Leslie W. Jacobs, Thompson Hine, Cleveland, OH, for Appellant. Brad H. Beaver, Office of the Attorney General, Lansing, MI, for Appellee.

Before BATCHELDER, CLAY, and ROGERS, Circuit Judges.

OPINION

CLAY, Circuit Judge.

Petitioner Joseph Stewart appeals the October 20, 2004 order of the United States District Court for the Eastern District of Michigan denying his application for habeas relief under 28 U.S.C. § 2254. Petitioner is currently incarcerated in Michigan state prison after a conviction for first degree murder. For the reasons set forth below, we REVERSE the order of the district court and GRANT the petition...

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