BIGELOW v. HAVILAND

No. 07-3340.

582 F.3d 670 (2009)

Michael BIGELOW, Petitioner-Appellee, v. James S. HAVILAND, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

September 29, 2009.


ORDER

In its petition for rehearing, the State claims that "fundamental factual errors" formed the "underpinnings of [our] decision." Pet. at 1. We disagree.

At Michael Bigelow's criminal trial, alibi witness Vernon Greenlee maintained that on June 17, the day the crime occurred in Toledo, Ohio, he worked with Bigelow at Gary Chasin's house in Columbus—150 miles away. Bigelow's counsel called no other witnesses to bolster Greenlee's testimony, and...

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