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WALLS v. KONTEH

No. 06-3472.

490 F.3d 432 (2007)

Lawrence WALLS, Petitioner-Appellee, v. Kelleh KONTEH, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 15, 2007.

Attorney(s) appearing for the Case

ARGUED: Diane Mallory, Office of the Attorney General, Columbus, Ohio, for Appellant. John F. Potts, Law Office of John F. Potts, Toledo, Ohio, for Appellee. ON BRIEF: Diane Mallory, Office of the Attorney General, Columbus, Ohio, for Appellant. John F. Potts, Law Office of John F. Potts, Toledo, Ohio, for Appellee.

Before: NORRIS, GILMAN, and McKEAGUE, Circuit Judges.

NORRIS, J., delivered the opinion of the court, in which McKEAGUE, J., joined. GILMAN, J. (pp. ___-___), delivered a separate dissenting opinion.

OPINION

ALAN E. NORRIS, Circuit Judge.

Warden Kelleh Konteh appeals from the judgment of the district court granting petitioner Lawrence Walls a writ of habeas corpus based upon its conclusion that the sua sponte declaration of a mistrial by the judge in...

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