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BROWN v. SMITH

No. 06-2295.

551 F.3d 424 (2008)

Michael W. BROWN, Petitioner-Appellant, v. David SMITH, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 31, 2008.

Attorney(s) appearing for the Case

ARGUED: Todd Shanker, Federal Defender Office, Detroit, Michigan, for Appellant. Janet A. VanCleve, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: Todd Shanker, James R. Gerometta, Federal Defender Office, Detroit, Michigan, for Appellant. Raina I. Korbakis, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.

BOGGS, C. J., delivered the opinion of the court, in which MOORE, J., joined. CLAY, J. (pp. 435-38), delivered a separate concurring opinion, in which MOORE, J., also joined.

OPINION

BOGGS, Chief Judge.

Michael Brown, who was convicted of sexually molesting his teenage daughter, appeals the district court's denial of his habeas petition. He argues that his trial attorneys' failure to investigate and obtain records related to his daughter's counseling sessions—which records would have undermined her credibility—denied him the effective assistance of counsel under Strickland v. Washington, 466...

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