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FLEMING v. METRISH

No. 07-2311.

556 F.3d 520 (2009)

Stephen Michael FLEMING, Petitioner-Appellee, v. Linda METRISH, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 25, 2009.

Attorney(s) appearing for the Case

ARGUED: Janet A. VanCleve, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Douglas W. Baker, State Appellate Defender Office, Detroit, Michigan, for Appellee. ON BRIEF: Raina I. Korbakis, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant. Douglas W. Baker, State Appellate Defender Office, Detroit, Michigan, for Appellee.

GILMAN, J., delivered the opinion of the court, in which ROGERS, J., joined. CLAY, J. (pp. 537-58), delivered a separate opinion concurring in part and dissenting in part.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Stephen Michael Fleming was convicted of second-degree murder and a related firearm offense. He was sentenced to life in prison on the two charges. Fleming then petitioned for state postconviction relief, but was turned down at all levels of the state judiciary. He subsequently sought habeas corpus relief in federal court, arguing that the state trial court erred by denying a motion to suppress his confession and...

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