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McCRAY v. VASBINDER

No. 06-2381.

499 F.3d 568 (2007)

Oyd Collins McCRAY, Petitioner-Appellee, v. David VASBINDER, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 28, 2007.

Attorney(s) appearing for the Case

ARGUED: Janet A. VanCleve, Office of the Attorney General, Lansing, Michigan, for Appellant. James R. Gerometta, Federal Public Defenders Office, Detroit, Michigan, for Appellee. ON BRIEF: Janet A. VanCleve, Office of the Attorney General, Lansing, Michigan, for Appellant. James R. Gerometta, Federal Public Defenders Office, Detroit, Michigan, for Appellee.

Before NORRIS, GILMAN, and SUTTON, Circuit Judges.

SUTTON, J., delivered the opinion of the court, in which NORRIS, and GILMAN, JJ., joined. GILMAN, J. (pp. 577-78), delivered a separate concurring opinion.

OPINION

SUTTON, Circuit Judge.

A Michigan jury convicted Oyd McCray of first-degree murder and possession of a firearm during the commission of a felony, and the state court sentenced him to life in prison without the possibility of parole. Claiming...

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