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MILLS v. CASON

No. 06-2359.

572 F.3d 246 (2009)

Darrin Austin MILLS, Petitioner-Appellant, v. John CASON, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 10, 2009.

Attorney(s) appearing for the Case

ARGUED: Stephan J. Schlegelmilch, Baker & Hostetler LLP, Cleveland, Ohio, for Appellant. Brian O. Neill, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: Stephan J. Schlegelmilch, Thomas D. Warren, Baker & Hostetler LLP, Cleveland, Ohio, for Appellant. Brian O. Neill, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.

Before: DAUGHTREY and ROGERS, Circuit Judges; RESTANI, Judge.

OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

The petitioner in this habeas action, Darrin Mills, is a Michigan prison inmate who is serving an effective life sentence based on multiple convictions for aggravated assault and conspiracy to commit armed robbery. He now challenges those convictions, claiming a due process violation arising from the state trial court's failure to exclude an in-court identification that Mills contends was tainted because, at...

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