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FERENSIC v. BIRKETT

No. 06-2342.

501 F.3d 469 (2007)

Robert FERENSIC, Petitioner-Appellee, v. Thomas BIRKETT, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 4, 2007.

Attorney(s) appearing for the Case

ARGUED: Janet A. VanCleve, Office of the Attorney General, Lansing, Michigan, for Appellant. Domnick J. Sorise, Detroit, Michigan, for Appellee. ON BRIEF: Janet A. VanCleve, Office of the Attorney General, Lansing, Michigan, for Appellant. Domnick J. Sorise, Detroit, Michigan, for Appellee.

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

GILMAN, J., delivered the opinion of the court, in which CLAY, J., joined. McKEAGUE, J. (pp. 484-93), delivered a separate dissenting opinion.

OPINION

RONALD LEE GILMAN, Circuit Judge.

A Michigan state jury convicted Robert Ferensic in 1999 of armed robbery, home invasion, and possession of a firearm during the commission of a felony. The entirety of the evidence against Ferensic was based upon eyewitness identifications made by the victimized couple...

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