SMITH v. BERGHUIS

No. 06-1463.

543 F.3d 326 (2008)

Diapolis SMITH, Petitioner-Appellant, v. Mary BERGHUIS, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 24, 2008.


Attorney(s) appearing for the Case

ARGUED: James Sterling Lawrence, Royal Oak, Michigan, for Appellant. Debra M. Gagliardi, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: James Sterling Lawrence, Royal Oak, Michigan, for Appellant. Brian O. Neill, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.

Before: MOORE and CLAY, Circuit Judges; SCHWARZER, Senior District Judge.


OPINION

CLAY, Circuit Judge.

Petitioner, Diapolis Smith, was convicted of second degree murder and felony possession of a firearm and sentenced to life imprisonment in a Michigan state court. After exhausting his state court remedies, Petitioner filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 in the United States District Court for the Western District of Michigan, which was denied. Petitioner now appeals from the order entered...

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