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NEWMAN v. METRISH

No. 07-1782.

543 F.3d 793 (2008)

Daniel Albert NEWMAN, Petitioner-Appellee, v. Linda METRISH, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 6, 2008.

Attorney(s) appearing for the Case

ARGUED: Thomas C. Cameron, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Bradley R. Hall, Federal Defender Office, Detroit, Michigan, for Appellee. ON BRIEF: Raina I. Korbakis, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Bradley R. Hall, Andrew N. Wise, Federal Defender Office, Detroit, Michigan, for Appellee. Daniel Albert Newman, Kincheloe, Michigan, pro se.

ALDRICH, J., delivered the opinion of the court, in which MOORE, J., joined. SUTTON, J. (pp. 798-801), delivered a separate dissenting opinion.

OPINION

ANN ALDRICH, District Judge.

The State of Michigan appeals a judgment granting Daniel Albert Newman's application for a writ of habeas corpus on the basis that there was insufficient evidence to support his conviction. Because there was neither direct nor circumstantial evidence placing Newman at the scene of the crime, we affirm.

I. Background

A. The crime

In February...

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