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VASQUEZ v. JONES

No. 04-2274.

486 F.3d 135 (2007)

Emilio VASQUEZ, Petitioner-Appellant, v. Kurt JONES, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 8, 2007.

Attorney(s) appearing for the Case

ARGUED: Bridget M. McCormack, Michigan Clinical Law Program, Ann Arbor, Michigan, for Appellant. Janet A. VanCleve, Office of the Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: Bridget M. McCormack, Michigan Clinical Law Program, Ann Arbor, Michigan, for Appellant. Janet A. VanCleve, Office of the Attorney General, Lansing, Michigan, for Appellee.

Before: ROGERS and COOK, Circuit Judges; GWIN, District Judge.

OPINION

COOK, Circuit Judge.

Emilio Salomon Vasquez appeals the district court's denial of his habeas corpus petition. We reverse and remand with instructions to grant the petition.

I. Facts and Procedural History

In 1995, a dispute at a block party between Deondre Byrd and William Taylor escalated into a shootout in which an innocent bystander, Tamara Stewart, was killed. Vasquez told police investigating...

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