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RUELAS v. WOLFENBARGER

No. 08-1571.

580 F.3d 403 (2009)

John David RUELAS, Petitioner-Appellee, v. Hugh WOLFENBARGER, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 8, 2009.

Attorney(s) appearing for the Case

ARGUED: Jerrold E. Schrotenboer, Jackson County Prosecutor's Office, Jackson, Michigan, for Appellant. Nathan S. Mammen, Kirkland & Ellis LLP, Washington, D.C., for Appellee. ON BRIEF: Jerrold E. Schrotenboer, Jackson County Prosecutor's Office, Jackson, Michigan, for Appellant. Nathan S. Mammen, Charles A. Fernández, Kirkland & Ellis LLP, Washington, D.C., for Appellee.

Before MARTIN and KETHLEDGE, Circuit Judges; WATSON, District Judge.

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

John David Ruelas pleaded guilty to "open murder" for causing his mother's death. At his "degree hearing," where a judge was to find the proper level of criminal homicide for Ruelas based on his plea, he was found guilty of second-degree murder. Ruelas has now filed a petition for a writ of federal habeas corpus, contending that his plea was not made knowingly or voluntarily...

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