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ROSENCRANTZ v. LAFLER

No. 07-1403.

568 F.3d 577 (2009)

Timothy R. ROSENCRANTZ, Petitioner-Appellant, v. Blaine LAFLER, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 9, 2009.

Attorney(s) appearing for the Case

ARGUED: Nancy L. McGunn, Federal Defender Office, Detroit, Michigan, for Appellant. Debra M. Gagliardi, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: Nancy L. McGunn, Federal Defender Office, Detroit, Michigan, for Appellant. Debra M. Gagliardi, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.

COOK, J., delivered the opinion of the court, in which BOGGS, C.J., joined. COLE, J. (pp. 592-97), delivered a separate dissenting opinion.

OPINION

COOK, Circuit Judge.

A jury found Timothy Rosencrantz guilty of sexually assaulting Elaine Lasky. He seeks habeas relief on the ground that the prosecution, by countenancing false testimony from Lasky, violated his due process rights. As explained here, we affirm the district court's denial of Rosencrantz's petition because, even assuming the materiality of the testimony at issue, the prosecutorial misconduct qualifies as harmless under Brecht...

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