AVERY v. PRELESNIK

No. 07-2522.

548 F.3d 434 (2008)

Chamar AVERY, Petitioner-Appellee, v. John PRELESNIK, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 25, 2008.


Attorney(s) appearing for the Case

ARGUED: Janet A. VanCleve, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Chari Grove, State Appellate Defender Office, Detroit, Michigan, for Appellee. ON BRIEF: Debra M. Gagliardi, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Chari Grove, State Appellate Defender Office, Detroit, Michigan, for Appellee.

Before: MARTIN and GILMAN, Circuit Judges; DOWD, District Judge.


OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Petitioner Chamar Avery was convicted in Michigan state court of second degree murder. After exhausting his state appeals, Avery petitioned for a writ of habeas corpus in federal district court. The district court granted his petition, holding that Avery was deprived of his right to effective assistance of counsel when his attorney failed to investigate and interview potential alibi witnesses and that the Michigan...

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